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社会管理创新何以能够关联刑法、并将关联出怎样的新刑法观?这是刑法学当前无法回避的一个重要问题。社会管理创新的概念创新和刑法应当主动回应社会的回应性品性,说明在社会管理创新之下,刑法观也应随之而突破,进而形成新刑法观。而相应的新刑法观则包括恢复刑法观、温和刑法观与共识刑法观。新刑法观是刑事法治在刑法学领域对社会管理创新的一种回应。
How can social management innovation be associated with criminal law and how to associate it with a new concept of criminal law? This is an important issue currently unavoidable in criminal law. The concept innovation and criminal law of social management innovation should take the initiative to respond to the responsive nature of society, indicating that under the innovation of social management, the concept of criminal law should be followed by a breakthrough to form a new concept of criminal law. The corresponding new concept of criminal law includes the restoration of the concept of criminal law, the concept of moderate criminal law and the concept of a consensus criminal law. The new concept of criminal law is a response to the innovation of social management by criminal law in the field of criminal law.