我国犯罪预备立法与法治的矛盾及批评

随着社会的进步,法治建设的宏伟目标的确立,我国刑事立法上的那种不作区分,原则处罚犯罪预备的立法已显得不合时宜,且与法治理念中的法律至上,人权保障,司法公正原则相冲突。预备行为是否入罪,不仅仅是制度设计问题,深藏在其后面的是对法律价值的认识问题。重新建构我国犯罪预备立法,使其与我国法治建设的目标相适应,已成为当务之急。

Criticisms of Contradictions Between Our Criminal Probationary Legislation and Legal Principle

With the social progress and the building of our country's great plan for strengthening the law, the criminal probationary legislation with indistinguishable and principle-orientated nature seems obsolescent, and obviously contradictory with legally idealistic principles of supremacy of law, guarantee of human rights and just judicature. Whether the criminal probationary be punished, it is not only the problem of system design but also the item to know the law value hiding in it. Constructing criminal probationary legislation, making criminal legislation more rigorous, scientific and being adapted to the goal of legal construction will be necessity.