刑事法治与伦理关系论纲

在构建和谐社会的语境下推进中国刑事法治进程，必须认真研究伦理在其中的角色和作用。应当看到我国伦理化的刑法存在对秩序的优先追求，并将安全作为刑事法治目标，但还要看到伦理化的刑法存在负面影响。为此应对刑法伦理化带来的消极影响保持警醒，并以发展的眼光认识两者互动的深层机理，实现两者的良性互动。

On Rule by Criminal Law and Ethical Relationship

It is necessary to research the role and function of ethics seriously in the progress of rule by criminal law advanced under the context of the harmonious society's construction. The advantage of China's ethics should be seen in the pursuing the existence of criminal law firstly and making safety as the aim of rule by criminal law, but the disadvantage of it also should be seen in introducing morality into law, marginalizing rule by law and causing justice emphasizing nature by despising form. So the passiv...