论文部分内容阅读
罪刑法定原则在人类历史上发挥了不可磨灭的作用,但其在价值取向上过分偏向于人权保障而忽视社会防卫的事实也是不言自明的。单纯依靠罪刑法定原则并不能实现真正意义的法治国,解决其问题的出路在于以类推制度的“社会防卫”弥补罪刑法定偏向“人权保障”之不足。
The principle of legally prescribed punishment for crimes has played an indelible role in the history of mankind. However, it is self-evident that the principle of value orientation is too biased towards ensuring human rights while ignoring social defense. Relying solely on the statutory principle of crime and punishment can not achieve the true state of law and order and the solution to its problems lies in remedying the insufficiency of the statutory bias of crime and penalty and the protection of human rights by analogy of “social defense”.