论文部分内容阅读
以罪制刑,即犯罪制约刑罚,是罪刑关系原理的逻辑起点,是观察罪刑关系的内在逻辑结构及其现实化路径后得出的基本论断,目前已是刑法学通说。以罪制刑符合刑事立法技术的进步与发展需要、契合犯罪原因论与犯罪生成机制的规律且促成了规范与事实的衔接、彰显犯罪本质特征观及其内在关系的核心要旨、高度达致罪刑法定原则及罪责刑相适应原则的公正价值诉求、无缝对接了定罪量刑这对刑事司法活动的本质与机理,由此也就具有时间、逻辑、事实、规范、价值、功能判断上的特定归属性与功能。而以刑制罪也有合理性,刑事责任及归责体系是深化罪刑关系和以罪制刑机理的重要理论通道。
The crime of criminal punishment, that is, the crime of criminal punishment, is the logical starting point for the principle of crime and punishment, is to observe the inherent logical structure of the relationship between crime and punishment and its realization of the basic conclusion drawn from the path now is the criminal law. The crime of punishment meets the progress and development needs of criminal legislation, meets the law of crime and the mechanism of crime generation, and leads to the connection between norms and facts, demonstrates the essential essence of crime and its intrinsic relationship, The principle of justice and the fairness and value of the principle of crime and punishment to meet the demands of the seamless connection of the nature of the criminal justice and sentencing sentencing the nature of the mechanism and therefore also has the time, logic, facts, norms, values, functional judgments on the specific attribution Sex and function. However, criminalization of criminal law is also reasonable. Criminal responsibility and system of imputation are important theoretical channels for deepening the relationship between crime and punishment as well as the crime of punishing crime.