现代社会的刑法既是法益保护法,也是人权保障法,但两者经常处于紧张的对立中,刑法学尤其是刑法解释学的的任务,就是如何在两者之间保持妥当的协调和衡平。而实现这一任务的最好方法,就是进行犯罪认定上的合理分工。清华大学法学院黎宏教授耗费十余年心血精心“打造”的颇具特色的体系性教科书——《刑法学》,在许多方面却有独 The criminal law in modern society is not only the legal protection law but also the human rights safeguard law. However, the two are often in the opposite confrontation. The task of criminal law, especially criminal law hermeneutics, is to maintain proper coordination and balance between the two. The best way to accomplish this task is to make a reasonable division of labor in the determination of crimes. Tsinghua University Law School Professor Li Hong spent more than ten years painstakingly “build ” rather characteristic system textbook - “criminal law”, in many ways, there is a single