刑法的概念集中反映刑法思维的定势,传统刑法概念的工具主义和文本主义遮蔽了刑法生活和刑法政策及其基本关系。刑法实践是刑法生活和刑法政策相互结合的过程,刑法生活是其前提与基础,刑法政策是其权衡与补充。解释刑法文本,应回应刑法生活的正义要求,发挥刑法政策的调控作用。 The concept of criminal law reflects the tendency of thinking of criminal law in a concentrated manner. The instrumentalism and textualism of the concept of traditional criminal law have obscured the criminal law and criminal law policies and their basic relations. The practice of criminal law is a combination of criminal law and criminal law. The life of criminal law is the prerequisite and basis of criminal law, and its criminal law policy is its trade-off and supplement. Interpreting the texts of criminal law should respond to the just requirements of criminal law and give play to the regulatory role of criminal law policies.