刑法视野中的公正与效率价值论析

公正与效率,是21世纪人民法院工作的主题.如何在刑事司法领域实现公正价值,文章从刑罚目的的多元性、罪刑关系的复杂性和刑罚的特性等角度,分析认为,刑法的公正性是一个典型的关系范畴;它在相互矛盾的事物间指"衡平";在界限模糊的事物间指"普遍一致性";在激烈的社会冲突中指秩序、人道与安全.文章还对公正与效率的价值定位作了重点分析,针对法理上所主张的"效率优先、兼顾公平"的见解,提出了异议.

Analysis on the Theory of Value of Fairness and Efficiency from the View of Criminal Law

Fairness and efficiency is the main topic of court work in the 21st century. This article discusses how to realize the value of fairness in the field of criminal justice from the point of diversification of penal purpose, of complexity of relationship of crime and penalty, and of the features of penalty. This article holds that the fairness of criminal law is a typical relationship category. It indicates the "balance" between the contradictory things. It indicates the "universal coherence" between the things with ambiguous boundary. It indicates order, humanity, and security among the fierce social conflicts. This article emphasizes the value orientation of fairness and efficiency. It disagrees with the notion of "giving priority to efficiency, but still giving consideration to fairness" from the jurisprudence.