当代中国刑法法典化研究

刑法的法典化是统一刑法典的制定和完善过程。当代中国刑法的法典化程度,与中国社会形势的变迁、法治的整体发展水平、立法技术的提升密切相关。中国刑法的法典化是历史与现实的必然选择,具有重要的法律文化价值、比较法价值、社会价值、现代法治价值和规范价值。中国应综合运用外部和内部策略,制定和发展形式合理、内容全面、科学的统一刑法典。

Study on the Codification of Criminal Law in Contemporary China

Codification of criminal law refers to the process of promulgation of the penal code or compilation of special criminal laws, including separate criminal laws and supplementary criminal provisions, into a penal code. The codification of criminal law in contemporary China is closely related to social changes, the overall level of rule of law, and progress in legislation techniques in the country and has experienced a difficult and tortuous process of creation, development and improvement. This process began with the founding of the PRC in 1949 and takes the promulgation of the Criminal Law of PRC in 1979 as its important cornerstone. Since then, Chinese legislature, in response to demands of social development, had promulgated 25 separate criminal laws and laid down supplementary criminal provisions in 107 non-criminal laws between 1981 and 1997. The systematical revision of the Criminal Law in 1979 symbolizes a further development in codification of criminal law in China. Afterwards, Chinese legislature has further revised the Criminal Law nine times in light of the changing criminal policy and social situation. Codification is a necessary historical and practical choice made by contemporary China in the development of criminal law and has important values in terms of legal culture, comparative law, social development, the rule of law and legal norms. Codification pursues both formal and substantive rationality of penal code. The Chinese legislature should adopt a comprehensive codification approach and promulgate and maintain a unified penal code in reasonable form and with detailed contents through the integration of external and internal strategies.