主客观相统一原则的生成与内涵

本文对我国刑法中主客观相统一原则的生成与内涵作了较为深入地探讨,指出该原则的生成直接导源于主、客观主义及折衷主义刑法理论之缺陷,其理论基础是马克思主义辩证唯物论,该原则不仅在定罪、量刑、行刑过程起指导作用,而且对整个刑事立法、司法及刑法解释都起根本性指旱作用。

On the Formation and Connotation of the Principle of Integrating the Subject and the Object in Chinese Criminal Law

The article probes deeply into the formation and connotation of the principle of integrating the subject and the object in the criminal law in China. The author points out that the formation of the principle lies in overcoming the defects of objectivism, subjectivism and ecletism in the history of criminal law, and that dialectical materialism is its theoretical background. The author also maintains that the principle plays a fundamental role in criminal legislation, justice and interpretation and also in the process of conviction, sentencing and execution of punishment.