日本刑法的发展及其启示

日本已从刑事立法的稳定化转向了刑事立法的活性化;近年来的刑事立法,主要表现为犯罪化、处罚的早期化与重罚化以及刑法表述的通俗化、具体化。我国应当在法治视野下重新思考刑法处罚范围,而非单纯控制处罚范围;应当注重提高刑事立法的有效性,而非单纯注重处罚的严厉性;应当在刑事立法体例上采取例示法,而非单其强调通俗化与具体化的特征。

The Development of Japan's Criminal Law and Its Inspirations

Japan has already changed its criminal legislation style from the stabilization of criminal legislation to the activation. In recent years, the criminal legislation has embodied the trend of criminalization, forepart and severe punishment about penalizing, as well as the popularization and specialization of criminal law's expression. China should reflect the criminal law punishment scope in the view of rule of law, not purely controlling punishment scope. It should be stressed to enhance the validity of criminal legislation, not merely the severity of punishment. We should use illustrational function on the criminal legislation style, not purely emphasizing the characteristic of popularization and specialization.