摘要
近年来,在刑事司法中时常遇到这样的问题:1997年才全面修订的、有400多个罪名的刑法典对一些犯罪案件却难以适用。通过对中、日两国刑事立法的比较分析,探讨了刑法罪名简略与繁缛的利弊得失。认为罪名的简繁各有利弊,但简略利大于弊;法的特性决定罪名的高度概括性;刑法的适用需要法官的判断和推理;关键是尽快改革司法体制,大力提高法官的整体素质。
In recent years, we often meet such problems in criminal justice that there is no accusation can be applicable for some criminal cases in the penal code which just has beeen revised in 1997 and included more than 400 criminal charges. Through the comparison and the analysis 9f the legislation of China and Japan, the writer concludes that there are both advantages and disadvantages about the briefness and the exhaustiveness of the criminal charges , but the briefness has more advantages than disadvantages; the characteristic of the law decides the highly generalization of the criminal charges; the application of the criminal law needs the judgment and reasoning of the judges; and the key is reforming the judicial system as soon as possible, and strongly increasing the quality of the judges.
出处
《河北理工大学学报（社会科学版）》
2005年第4期46-48,共3页
Journal of Hebei Polytechnic University:Social Science Edition
关键词
刑法罪名
简与繁
利与弊
中国与日本
刑事立法
criminal charges, in penal code
briefness and exhaustiveness
advantages and disadvantages
China and Japan
Pertaining to crure legislation
