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近年来,中国刑事立法和刑事司法领域,出现了回应社会热点事件的“回应型刑事法治”现象,法的稳定性和变动性的调和、民意和司法的互动、情理对法的渗透是这一现象的成因,但是,社会热点回应型刑事法治模式在弥补成文法的不足、消解社会冲突的同时,也隐含着违背刑法谦抑性、削减法律权威、侵蚀司法独立等潜在危机。
In recent years, in the field of criminal legislation and criminal justice in China, there has been a phenomenon of “response-based criminal law” that responds to social hot spots. The stability and change of law are reconciled. The interaction between public opinion and judicature is that The causes of this phenomenon, however, the social hot-spot response to the criminal law model to make up for deficiencies in written law, eliminate social conflicts, but also implies a violation of the criminal law restraint, reduce legal authority, erosion of judicial independence potential crisis.