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犯罪系人实施,刑罚亦科于人,刑法因人的行为而介入,也因对犯罪人刑罚的实施而结束,人是刑法的中心与落脚点。而人性是人天生具有的、固定不变的共同本性,因而人性成为刑法始终无法回避的问题,对人性的认识和态度直接影响着刑法介入社会生活的范围,人性观的不同使得刑法调整生活的范围差异明显。本文试从古代中西方人性观的差异来看刑法介入社会生活的范围的差异,并反思我国现行刑法的介入范围之现状与缺陷,以抛砖引玉。
Crimes are implemented by people, and penalties are also applied to people. The criminal law intervenes as a result of human behavior and ends with the imposition of criminal penalties. People are the center and end point of criminal law. Human nature is a natural and fixed common nature, so human nature has become the unavoidable problem of criminal law. The cognition and attitude toward human nature have a direct impact on the scope of criminal law intervening in social life. The difference of human nature makes the adjustment of life by criminal law Significant differences in the range. This article attempts to see the differences in the scope of criminal law intervention in social life from the perspective of the differences between ancient Chinese and western viewpoints on human nature and to reflect on the current situation and defects in the scope of the current criminal law intervention in our country.