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人,是刑法研究的起点、根本、和目的。人性、人道、人权作为人之为人的展现,共同构筑了良善刑法的应有之义。趋利避害的人之本性奠定刑法的根基,仁至义尽的人道主义扼守刑法的命脉,通情达理的人权保障彰显刑法的追求。在探究人性、人道、人权内涵释义的同时,反思我国现行刑法的缺陷与弥失,认识到只有全面蕴含人性、人道、人权才能演绎出一部良善刑法。
People, is the starting point, fundamental, and purpose of criminal law research. Humanity, humanity and human rights are the manifestation of human beings, and they jointly build the proper meaning of good criminal law. The nature of those who seek benefits and avoid disadvantages lay the foundation of the criminal law. From human beings to justice, humanitarianism should abide by the lifeblood of criminal law and protect the human rights with reasonable conditions, highlighting the pursuit of criminal law. While exploring the connotation and definition of humanity, humanity and human rights, we should reflect on the defects and omissions of the current criminal law in our country, and realize that a good and benign criminal law can be deduced only by fully embracing humanity, humanity and human rights.