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刑法学是研究犯罪与刑罚的法律学科,众所周知,它规定什么行为是犯罪、都有哪些犯罪以及犯罪以后应当受到什么样的刑罚;换句话说,刑法是众多法律部门中最严厉的、能够对行为人造成最大伤害的法律。它的制定和实施必须要慎重和宽缓,而任何一门法律的制定和实施都是有自己的指导思想,本文所论述的“人性”就是刑法制定和实施的基本指导思想,因为只有从“人性”的角度出发制定和实施刑法才会真正实现刑法的目的、体现刑法的意义。本文介绍了中外的人性观点,并阐述了我国刑法关于期待可能性理论的立法缺失。
Criminal law is a legal discipline that studies crime and punishment. It is well-known that it stipulates what acts are crimes, what crimes are involved and what kind of punishment should be imposed after the crimes are committed. In other words, criminal law is the most severe of many legal departments. Act to cause the greatest harm to the law. Its formulation and implementation must be cautious and lenient. However, the formulation and implementation of any law has its own guiding ideology. The “human nature” discussed in this article is the basic guideline for the formulation and implementation of criminal law because only From the “humanity” point of view to develop and implement criminal law will really achieve the purpose of criminal law, embodies the meaning of criminal law. This article introduces Chinese and foreign views of humanity and expounds the lack of legislation in China’s criminal law on the theory of expectation of possibility.