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国家治理现代化涉及方方面面,法治现代化只是国家治理现代化中的一个要素。刑事法治又是法治落实到刑事法律领域内的一种具体状态,它是法治木桶里的最短木板,也是最低限度的法治标准,我国法治现代化首要解决的问题,就是如何实现刑事法治现代化。现代化的刑事法治不应是法律精英之治,而应是社会大众自治,其真谛是保障人权,其核心是如何处理好对国家刑罚权的限制,以最大限度保障人民的权利与自由。刑事法治现代化的实现路径就是在刑事立法、刑事司法、刑罚的执行三个环节上如何运用社会大众的理念来更科学、更合理的限制国家权力以保障人民权利。
The modernization of state governance involves all aspects. The modernization of the rule of law is only an element in the modernization of state governance. The criminal law is a specific state of the rule of law implemented in the field of criminal law. It is the shortest plank in the barrels of the rule of law and the minimum criterion of the rule of law. The primary solution to the modernization of the rule of law in our country is how to modernize the criminal law. The modern criminal law should not be the rule of the legal elite, but should be the autonomy of the public. Its essence is to safeguard human rights. The core of the criminal law is how to handle the restrictions on the penalty power of the state so as to ensure the rights and freedoms of the people as much as possible. The path to achieve the modernization of the criminal law is to use the concept of the public in criminal legislation, criminal justice and the enforcement of criminal penalties to scientifically and rationally restrict state power so as to guarantee people’s rights.