罪之谦抑理念的提倡

为了摆脱犯罪标签带来的困境,体现刑法人道性和宽容性,通过实质理性矫正形式理性,追求刑法效益价值,保持社会活力,缩小犯罪圈,增加出罪机会,摘除犯罪标签,应该提倡罪之谦抑,有意识地在特定阶段和场合加以实行。不过,提倡罪之谦抑应有宽和自由的社会环境。在我国由于市场经济的发展、行政理念的改变、市民社会的形成、人权保障观念的确立,提倡罪之谦抑的社会环境已相应形成。

The Economic Principle of Convicting a Crime should be Advocated

In order to show the humanity and mercy of the criminal law and get out of the dilemma made by crime labeling, the economic principle of convicting a crime should be consciously practiced at an appropriate phase and in an appropriate place. By applying the economic principle of convicting a crime, we can achieve the positive values of criminal law, reduce the amount of crimes and thus vitalize the society. However, the advocation of such a principle requires a charitable and free social environment. In China, with the development of the market economy, the improvement of the administrative concept, the formation of a civic society and the safeguard of human rights, the social environment of advocating the economic principle of convicting a crime has already been shaped.