近年来我国刑法修正中,存在着犯罪化的趋势。立法机关修正刑法时,均通过全文公布草案征求社会公众意见,各省(区、市)和中央有关部门、部分高等院校、法学研究机构等单位意见,以座谈会的形式,听取全国人大代表、有关部门和专家学者的意见和全国多方调研,反复研究,最后形成修正案。这表明,哈贝马斯的“沟通行动理论”的研究和立法活动中的运用,具有深刻的理论和现实意义,其促使立法活动中民意得以更加充分的体现。 In recent years, China’s criminal law amendment, there is a trend of criminalization. When the legislature amended the criminal law, all public opinions were sought through the draft of the full text, opinions of various provinces (autonomous regions and municipalities), relevant departments of the central government, some institutions of higher learning and legal research institutions, etc., and listened to the NPC deputies, The opinions of relevant departments, experts and scholars, and various investigations and studies conducted by the whole country, and repeatedly studied and finally formed an amendment. This shows that Habermas’s “Theory of Communication” research and legislative activities in the use of, with profound theoretical and practical significance, which prompted the public opinion in the legislative activities can be more fully reflected.