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突发性事件和刑事判例是刑事立法的成熟期内发动刑事立法的主要事由。社会公众基于自身安全感的焦虑,对社会安全的渴求是突发性事件入罪的强大民意基础,媒体对社会焦点事件的特别关注成为逼使立法回应的民意基础。突发性事件立法虽然回应了民众的安全期待,并将后者作为立法之政治正当性的道德基础,但是它往往忽视突发性事件成因的复杂性和社会治理的艰巨性,是立法者缺乏定力的表现。刑事判例推动立法完善更具有实践的合理性。立法者在扩大法律的民意基础时,更要坚守理性的犯罪治理策略。
Unexpected incidents and criminal precedent are the main reasons for launching criminal legislation in the mature period of criminal legislation. The public’s anxiety based on their own sense of security, the thirst for social security is a strong public foundation for criminal incidents, and the media’s special attention to socially focused incidents has become the basis of popular opinion that forces the legislature to respond. Although the emergency incident legislation responds to the public’s expectation of security and regards the latter as the moral basis of the political legitimacy of legislation, it often overlooks the complexity of the causes of sudden incidents and the arduousness of social governance. It is the lack of legislators The performance of the force. Criminal Case Promotes Legislative Perfection and More Rationality of Practice. When legislators expand the public opinion base of law, they must stick to a rational criminal governance strategy.