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任何法律,都有其社会文化背景,一国刑法的规定离不开培育其成长的社会文化土壤。我国刑法中独有特色的罪量因素规定,亦有其社会文化基础。罪量因素是“法不治众”观念的反映。除此之外,罪量因素的规定还深受我国传统法律文化中“法即刑”观念的影响,且与民众的心态反应模式以及中国传统社会的治理模式也不无关系。
Any law has its own social and cultural background. The provisions of a country’s criminal law can not be separated from the social and cultural soil that fosters its growth. China’s criminal law unique characteristics of the crime factors, but also its social and cultural foundation. The element of sin is a reflection of the notion of “rule by law”. In addition, the stipulation of the factors of sin is also deeply influenced by the concept of “law of punishment” in the traditional legal culture of our country, and also has nothing to do with the people’s psychology reaction mode and the traditional Chinese society’s governance mode.