论文部分内容阅读
一、引言:刑法学对立法和司法的影响德国法学对立法和司法具有重要的影响,对此,无论是外国还是德国本国的法学家都达成了共识。就刑法领域而言,早在百年以前,德国的刑法大家Binding,就曾言:刑法学高举着燃烧的火炬,法官和立法者都追随着它的光芒。[1]百年过去,当今的外国刑法学家在描述德国刑法之特点时,目光仍旧留在了刑法学对实践的巨大影响上。例如:英国刑法学家Bohlander在其所译德国刑法典一书中,正文开篇第一句话就是:“德国刑法深受教义学之影响”。[2]美国刑法学家Dubber,在论及德国刑法时,以其本国刑法为比照,将德国刑法特征概括为形式化(Formalismus)
I. INTRODUCTION: The Influence of Criminal Law on Legislation and Administration of Justice The German jurisprudence has an important influence on legislation and the administration of justice. To this end, both foreign and German national jurists have reached a consensus. As far as criminal law is concerned, as long as a hundred years ago, Binding, a German criminal lawyer, once said: Criminal Law holds high the torch of burning and the judges and legislators follow its light. In the past century, when foreign criminal law scholars today describe the characteristics of German criminal law, their eyes still remain on the tremendous impact of criminal law on practice. For example: British criminal law scientist Bohlander in his translation of the German Penal Code in a book, the text begins with the first sentence is: “German criminal law by the doctrine of ”. [2] Dubber, an American criminal law scientist, compared German criminal law with German criminal law to summarize the characteristics of German criminal law as Formalismus,