经验事实与刑法规范关系论

以理解的心态去观察刑法理论和实践中的经验事实,可以清晰地发现现代刑法中所极力推崇的若干神话性命题的破产,从而促使刑法从庙堂之高回归寻常生活之中。与此同时,经验事实及其重要的思想基础——文化相对论,宣示并表明了当前我国力图通过单向性地临摹德日刑法体系而实现刑法知识转型的话语表达并不能真正关切到时下人们的制度渴求,在学术生产上可能忽略甚至无法探知刑法学中国命题的理论洞见这一较为丰富的学术资源。

On Relation between Experiential Facts and Criminal Regulations

To observe experiential facts in theories and practice of criminal law based on attempted under-standing , it is clearly found that some mythical propositions advocated by modern criminal law will lead to bankrupt and thus the criminal law should go back to common lives from surreal lives like high temples .In the meanwhile , experiential facts and their essential theoretical basis , namely the cultural relativism , have demon-strated that the one-way imitation of German and Japanese criminal laws which aims to realize the transforma-tion of knowledge system in criminal law has failed to satisfy the need for the system at present .Moreover, from the academic output perspective , it will probably ignore or even fail to explore the theoretical insights of Chinese proposition in criminal law , which is of abundant academic resources .