启动刑法全面修订之探讨

发布时间：2019-02-15 06:04

【摘要】：本文以《刑法修正案(九)》为基点,以袭警罪立法和危险驾驶罪修订为例圈点《刑法修正案(九)》存在的不足,提出刑法修正案涉及条文越来越多、修改内容从分则逐渐延伸到总则、修法技术越来越成熟,但存在修订内容和幅度的局限,建议适时推动刑法全面修订。全面修订刑法一是经济社会新常态的发展要求,要调整刑罚结构、增删分则罪名、协调总分则关系;二是刑法理念变迁与刑法制度变革的要求,要推动非犯罪化、轻刑化、非监禁化,一体贯彻罪刑均衡与刑法平等原则;三是同我国法律体系尤其是刑事诉讼法修订相衔接的要求,要推动刑事实体法与刑事程序法作为"车之两轮鸟之两翼"——依刑事一体化实现科学、统一与协调。
[Abstract]:This article takes the Criminal Law Amendment (9) as the base point, taking the crime of assault on police and the amendment of dangerous driving crime as an example, points out the deficiency of the Criminal Law Amendment (9), and points out that more and more articles are involved in the amendment of the Criminal Law. The revised content gradually extends from the sub-rule to the general rule, and the technology of amending the law becomes more and more mature, but there are limitations of the content and scope of the revision, so it is suggested that the comprehensive revision of the criminal law should be promoted in due course. The overall revision of the criminal law is the development requirement of the new normal state of economy and society. It is necessary to adjust the penalty structure, add, delete and delete the charges, and coordinate the relationship between the general score and the total score. Second, the change of the concept of criminal law and the requirements of the reform of criminal law system, we should promote decriminalization, light punishment, non-imprisonment, and implement the principle of balance between crime and punishment and the equality of criminal law; The third is the requirement to link up with our legal system, especially the revision of criminal procedure law, to promote the criminal substantive law and the criminal procedure law as "two wings of the two wheels of the car"-to realize science, unification and coordination according to the integration of criminal law.
【作者单位】：江西警察学院;
【分类号】：D924

【参考文献】