试述刑法的自主性

刑法作为人类社会最基本也是最古老的法律,一旦被纳入法治的范畴之中,孕育出法治刑法这一概念,就应当体现出自主性,必须而且能够摆脱传统观念中的工具地位,赢得其独立的话语权,相应地,作为具有时代精神的科学的刑法学应当以理论的自足性体现和捍卫刑法的自主性.

On the Independence of Criminal Law

Criminal law, as the most basic and oldest one in human society, once absorbed in the category of "rule by law", will develop the concept of criminal law of "rule by law", reveal the independence, must / can break away from the instrumental position in traditional conviction, and win the right to independent expression. Correspondingly, science of criminal law with the spirits of the times should reveal the self-sufficiency of theory and maintain the independence of criminal law.