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“We feel ourselves least free when we know that restraints may at any moment be placed on any of our actions,and yet we cannot anticipate these restraints…Known general laws.however bad,interfere less with freedom than decisions based on no previously known rule.”F.W.Maitland一、引言法律上的“犯罪”既是一个以社会事实为基础的概念,也是一个以社会价值为支撑的问题。“法律只有在涉及价值的立场框架中才可能被理解。”[1]社会对犯罪的定义、国家对犯罪的反应,都在一定程度上影响甚至决定着这一概念的内涵与外延。在现代
“We feel by least free when we know that restraints may at any moment be placed on any of our actions, and yet we can not anticipate these restraints ... Known general laws.however bad, interfere less with freedom than decisions based on no previously known I. INTRODUCTION The legal ”crime“ is not only a concept based on social facts but also a problem supported by social values. ”The law can only be understood in the context of a position that involves value." [1] The definition of crime in society and its response to crime all influence and even determine the connotation and denotation of this concept to a certain extent. nowadays