从总体上看,刑法与刑事政策的关系有三种类型:刑法主导下的分离模式、刑事政策主导下的分离模式以及刑法与刑事政策融合的模式。在风险社会中,随着刑法由罪责报应性刑法向预防性刑法转变,刑法与刑事政策融合的模式应是当代刑法发展的趋势。在有责性阶层与刑事政策的关系上,建立在存在论基础上的心理责任论与规范责任论未能实现与刑事政策的真正融合,而以规范论为理论根基的罗克辛的实质责任论、雅各布斯的机能责任论以及许廼曼的双层责任论都在与刑事政策的融合上取得了丰硕的成果。我国刑法学应当以三阶层犯罪论体系的引进为契机,积极从心理责任论向规范责任论乃至实质责任论转变,实现刑法与刑事政策的融合。 Generally speaking, there are three types of relationship between criminal law and criminal policy: separation under the guidance of criminal law, separation under the domination of criminal policy and the integration of criminal law and criminal policy. In risk society, with the change of criminal law from criminal law to preventive criminal law, the mode of integration of criminal law and criminal policy should be the trend of contemporary criminal law development. On the relationship between the responsible class and the criminal policy, the psychological responsibility theory and the normative responsibility theory based on the ontology failed to achieve the true integration with the criminal policy. However, Roxanne’s substantive responsibility based on the theory of normative On the theory of functional responsibility of Jacobs and Xu Naiman’s double responsibility theory have achieved fruitful results in the integration of criminal policy. Criminal law of our country should be based on the introduction of the third-class theory of criminology as an opportunity to actively change from the theory of the psychological responsibility to the normative responsibility as well as the substantive responsibility theory to achieve the integration of criminal law and criminal policy.