刑法的可能性:预测可能性

当把预测可能性与刑法相联系,便形成刑法的预测可能性这一论题,而刑法的预测可能性意味着刑法从制定到运行,即整个刑法实践都要立基于公民包括罪犯和被害人对刑法立法及其运作的可预知性、可等待性乃至可期盼性,即刑法对于公民而言的期待可能性或可被期待性.从刑法的基本原则到刑法立法、刑法司法、刑罚执行,预测可能性都在为刑法的可能性提供着认知层面的说明,而刑法的保障人权和维持秩序两项机能都可在预测可能性那里得到诠释.刑法的预测可能性的形成及其判断离不开常识、常理、常情.

The Probability of Criminal Law:Its Prediction Probability

After the possibility of calculation has been related to criminal law,the proposition of possibility of calcula- tion of criminal law forms. The possibility of calculation of criminal law means that the paractice of criminal law including legislation,justice of criminal law and execution of punishment should be based on that the legislation and application of criminal law can be known beforehand, awaited and expected by common citizens including offenders and the victim. From the basic principles of criminal law to legislation ,justice of criminal law,punishment execution and dissemination and edu- cation of criminal law, the possibility of calculation provides illustration for the possibility of calculation of criminal law from recognization and knowledgement of criminal law of the common,while the two functions of criminla law that are the protec- tion of human rights and the malntainment of order can be explained in the possibility of calculation. The formation and judgement of the possibility of calculation of criminal law can not be away from general knowledge, general rule and general