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刑法是有关犯罪和刑罚的法律,对犯罪概念的界定是整个刑法体系的基础。我国刑法采取立法定性又定量的模式,在刑法中规定情节显著轻微危害不大的行为不构成犯罪。罪刑法定原则作为刑法的一项基本原则,要求法律内容具有明确性,对犯罪的规定亦应符合明确性。我国现有刑法无论总则还是分则都有太多的不明确规定。通过对刑罚谦抑性及我国现实的具体考察,降低起刑点符合社会的理性选择。
Criminal law is a law on crime and punishment. The definition of the concept of crime is the basis of the entire criminal law system. China’s criminal law to take the legislative qualitative and quantitative model, in the criminal law provides that the circumstances are not significant minor harm does not constitute a crime. As a basic principle of criminal law, the legal principle of crime and punishment requires the clarity of the legal content and the definition of crime. There are too many ambiguities in the existing criminal law in our country. Through the investigation of the moderation of punishment and the reality of our country, it is in line with the rational choice of society to reduce the threshold of torture.