刑法学发展报告

改革开放以后,我国刑法学发展迅速,在经历了复苏阶段、展开阶段、繁荣阶段后进入推进阶段,并取得斐然战绩。2004年的刑法学研究更是基础理论研究成果迭出,研究视野更加开阔,外向型刑法研究与犯罪学研究引人瞩目,学术活动异常活跃。当然,理论研究中的重复与浪费现象、刑事法学研究各学科发展不平衡和研究方法与研究视域的拓展亦需引起关注。未来刑法学的发展还将彻底转变刑法观念,建立法治国的刑法文化;适应时代发展需要,完善现有的刑法学体系,加大外向型刑法的研究力度,在加强判例研究、密切关注实践要求等方向上前进。

Report on the Development of Criminal Jurisprudence

Ever Since the reform and opening-up of china, Chinese criminal jurisprudence has developed rapidly. After the periods of resuscitation, expansion and flourish, criminal jurisprudence has entered into the propulsive period, and has accomplished inspiring achievements. In 2004, the landscape became wider, the research of the extroverted criminal law and criminology was remarkable, academic activity was active, and innovative productions emerged in many aspects. However, it is still necessary to notice the repetition and waste in academic study, the imbalance of the development of each subject in criminal jurisprudence and the enlargement of research method and perspective. In future, as to the development of criminal jurisprudence, we should not only renovate the ideas of criminal law completely in order to set up criminal culture in rule-of-law state, but also perfect the existing criminal jurisprudence system according to the need of the age and strengthen the research of the extroverted criminal law to adapt to the external requirements. Furthermore, it is essential to enhance the research on judicial precedent, to renovate and increase the ways of study, and to attach great importance to the need of practice.