河南师范大学学报(哲学社会科学版)

70年来,我国刑法立法经历了从新中国成立初期到1979年的探索阶段、从1979年到1997年的成长阶段、从1997年至今的完善阶段。我国刑法立法的发展随着社会的变迁而不断探索、修正和完善,修法技术趋于成熟,很好地处理了批判与继承、科学与民主、打击与人权的关系,走出了一条具有中国特色的中国刑法立法之路。在此过程中,刑法立法上出现了诸多理论争论,集中体现在刑法立法理念、刑事政策的发展方向和刑罚的轻缓化三个方面,出现了积极刑法立法观与消极刑法立法观,犯罪化与非犯罪化,死刑的存与废等方面的博弈。面对不断发展和变化的新形势,我国刑法立法的未来走向应树立积极刑法立法观,秉承适度犯罪化原则,严格限制死刑的适用,更好地贯彻宽严相济的刑事政策,注重打击犯罪与人权保障的有机统一,走有中国特色的社会主义刑法立法道路。

In the 70 years since the founding of New China, China's criminal law legislation has gone through the exploration stage from the early days of the founding of the People's Republic of China to 1979, from 1979 to 1997, and from 1997 to the present. Over the past 70 years, the development of criminal law legislation in China has been constantly explored, amended and perfected with the changes of society, and the technology of law amendment has become mature. It has dealt with the relationship between criticism and inheritance, science and democracy, striking and human rights well, and has taken a path of criminal law legislation with Chinese characteristics. In this process, there are many theoretical arguments in the legislation of criminal law, which are embodied in the three aspects of the legislative idea of criminal law, the development direction of criminal policy and the lightness of punishment, and the game between the positive criminal law legislative view and the negative criminal law legislative view, the criminalization and decriminalization, the existence and abolition of the death penalty, etc. Facing the new situation of continuous development and change, the future trend of China's criminal law legislation should establish a positive view of criminal law legislation, uphold the application of moderate crime, strictly restrict the death penalty, better implement the criminal policy of leniency, pay attention to the organic unity of fighting crime and human rights protection, and take the road of socialist criminal law legislation with Chinese characteristics.