对中国刑法现代化的一点思考

正义是刑法与生俱来的品格,刑法现代化的过程就是彰显刑法被专制社会抛弃的正义品格的过程。刑法现代化进程发端于罪刑法定原则的确立,但是有其深层的制度和经济根源。物质基础决定了一国法律制度的构建,取舍的标准即正义,终极状态是接轨。司法是实现正义的关键所在,但是司法只能让人被动守法,主动自觉守法的状态有赖于公民对法律的信仰——培养信仰的途径不是简单地将刑法神圣化,而是先将刑法平实化。

Some Opinion on the Modernization of Chinese Criminal Law

Justice is the born character of the criminal law,and the process of the modernization of criminal law is to manifest the character which was abandoned in the tyrannical society.This process originated from the establishment of Rule of Crime and Penalties Being Created by Statute,however,with deep systemic and economical foundation.Material basic determinates the structure of legal system in a country,which accept and reject with justice and link each other finally.Jurisdiction is the key factor to achieve ...