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民生问题关系到公众权益的方方面面,在建设社会主义法治国家进程中,民生问题作为其中重要的维度不可或缺,在司法领域民生理念的影响日见突出。作为刑事法律,刑法是解决矛盾冲突的重要途径,但是在其实现过程中,刑罚的指导思想、方式等并非孤立的以文本的形式呈现,而是与社会现状息息相关,展现民众的思维状态、价值观念。把民生理念贯穿刑罚始终,更有利于彰显刑罚的价值关怀,有利于社会的稳定和谐。作为打击犯罪、保护人民的重要范式,在当前背景下如何认识刑罚的民生价值诉求,以民生理念引导刑罚发展的趋向,以及在其实现过程中如何体现民生权益,贯彻民生思维,是司法工作者及理论研究者需要思考的问题。
The people’s livelihood issues are related to all aspects of public interests. In the process of building a socialist country governed by the rule of law, the people’s livelihood issue is indispensable as one of the important dimensions. The impact of the people’s livelihood philosophy in the judicial field has become increasingly prominent. As a criminal law, the criminal law is an important way to resolve contradictions and conflicts. However, in the process of its realization, the guiding ideology and methods of punishment are not presented in the form of texts in isolation, but are closely related to the current situation of the society, showing the people’s state of mind and value Concept. The idea of livelihood throughout the penalty has always been more conducive to highlight the value of the penalty care, is conducive to social stability and harmony. As an important paradigm of fighting crime and protecting people, how to recognize the value of the people’s livelihood of the penalty in the current context, how to guide the development of the penalty with the concept of people’s livelihood, and how to realize the rights and interests of people’s livelihood in the process of its realization, And the question that theoretical researchers need to think about.