美国联邦刑法法典化述评

美国联邦尚无刑法典,然自建国后,联邦一直致力于刑法法典化,从1790年《治罪法》至1948年《联邦法典》第18主题,到1982年《联邦刑法典草案》,长达200多年的刑法法典化事业至今未竟。联邦刑法法典化呈现独有品性,即启于内外因素双重驱动、历经形式编纂到实质编纂、本体即权力扩张与限制、价值思维系理想主义与实用主义之统合。联邦刑法法典化目的理性,其搁浅缘于工具不善。基于现有刑法不力、刑法治危机以及刑法典的天然优势之事实,结合刑法有效、公正、人道之目的,得以推导出刑法法典化仍需继续之应然结论。未来,联邦刑法法典化之路仍旧遍地荆棘,而联邦刑法典能否问世,取决于美国所动用的实践理性。

Review of the Codifying of U.S.Federal Criminal Code

The U.S. Federal has no Criminal Code yet. However, America has dedicated itself to codif- ying of the criminal law since the founding of United States, and its achievements includes The Crime Act of 1790, Titles 18 of United States Code, Proposal of Federal Criminal Code of 1982 not been finished during more than 200 years. Federal codifying of the criminal law , etc. , but this career has displays unique characters, such as its driving from internal and external factors, experiencing form compilation to the substantive codifica- tion, performance of ontology which is the expansion and limitations of the power, the value of the integration of idealism and pragmatism. Federal codifying of the criminal law possesses rational purpose, while its pause is caused by ineffective tools. Because of the inefficiency and the crisis of rule of Criminal law, and the good na- ture of the Criminal Code, combining with criminal law＇ s pursue of validity, justices and humane, it is safe to draw a conclusion that the Federal Criminal codifying should be carried on. As in the past, Federal Criminal codifying has to face countless obstacles in the future, and the promulgation of Federal Criminal code depends on the practical rationality.