8月下旬,刑法修正案(八)草案(以下简称“修正草案”)提交全国人大常委会初审。1997年新刑法诞生后,已先后出台了一个决定和7个修正案。不过与以往“小修小改”相比,此次修改实质性变动条文多达46处,而且首次涉及了对刑法总则的修改。真正值得关注的,不仅仅是修法规模之大,而是修法思维之变。纵览修正草案,无论是完善从宽处理的法律制度,还是从严打击黑社会性质组织犯 In late August, the draft of the Criminal Law Amendment (8) (hereinafter referred to as the “Draft Amendment”) was submitted for first instance to the Standing Committee of the National People’s Congress. After the birth of the new criminal law in 1997, a decision and seven amendments have been issued. However, compared with the past, “small revision”, compared with the substantive changes in the provisions of up to 46, and for the first time involved in the general amendment to the Criminal Code. What really deserves our attention is not only the large scale of revision but the change of revisionist thinking. An overview of the draft amendments, whether it is to improve the lenient treatment of the legal system, or strictly crack down on criminal syndicates