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刑法作为我国整个法律体系中的保障法,其一向被视为实现长治久安的治世工具,它被认为是公法,是公器,更为神器。但历史事实证明,一个国家过分重视刑法在国家管理和治理过程中的作用,是社会政治文明程度不高的明显表现。为顺应历史趋势,刑法作为治世的手段也必须走下神坛,实现神器的“人”化,即重视人性、人道、人权在刑法中的作用,才能在如今的社会中发挥其应有之作用。
As a safeguard law in the entire legal system of our country, the criminal law has always been regarded as a tool for governing the world for lasting peace and long-term stability. It is regarded as a public law and a more divine weapon. However, historical facts prove that a country places undue emphasis on the role of criminal law in the process of state administration and governance and is a clear manifestation of the low level of social and political civilization. In order to conform to the historical trend, criminal law, as a means of managing the world, must also step down from the altar to realize the “humanization” of the artifact, that is, attach importance to the role of human nature, humanity and human rights in the criminal law so that it can play its due role in today’s society Role.