论文部分内容阅读
在刑事司法中,控辩双方各有各的立场、视角和逻辑,不同的立场、视角和逻辑需要以不同的概念和推理论证系统来表现,只有注意到此点,面向司法的刑法学才会有司法逻辑。司法逻辑有其深刻的社会基础和本体性。司法过程只有融合外部视角与内部视角、事后视角与事前视角,才能在期待合理化与行为正当化之间实现协调。因此,既有司法面向又讲司法逻辑的刑法学,亦即司法刑法学,重视的是刑法推理论证过程,并力倡主体间性的刑法解释态度。在此意义上,刑法作为裁判规范是并且只能是追诉规范与辩护规范的统一。
In criminal justice, both the prosecution and the defense have their respective positions, perspectives and logic, different positions, perspectives and logical needs to be manifested with different concepts and reasoning systems. Only when this point is noticed, will the criminal law study for the judiciary There is judicial logic. Judicial logic has its profound social basis and its own nature. Only by integrating the external, internal, exigent and ex ante perspectives, can the judicial process achieve the coordination between the expectation of rationalization and the justification of behavior. Therefore, both the judicial science and the criminal law, also known as judicial logic, that is, judicial science of criminal law, emphasizing the process of criminal law argumentation and arguing, and advocating inter-subjective interpretation of criminal law attitude. In this sense, the criminal law as a criterion of judgment is and can only be the unity of prosecution norms and defense norms.