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社会结构的转型与变迁,计划经济向市场经济的过渡、发展,导致了我国刑法观念的更新,由过去的国家本位的国权主义刑法观逐渐向以权利为本位的民权主义刑法观的转变。民权主义刑法观是以人权保障观、刑法谦抑观理念为支撑。本文通过对民权主义刑法观上述理论内涵及合理性进行探讨,在此基础上初步提出了在我国确立民权主义刑法观的基本要求。
The transition and change of social structure, the transition and development of planned economy to market economy have led to the renewal of the concept of criminal law in our country, and the transition from the state-based nationalitarian criminal law view to the rights-based concept of criminal law. The concept of the criminal law of the civil rights is based on the concept of safeguarding human rights and the concept of suppressing the concept of criminal law. Based on the discussion of the above theoretical connotation and rationality of the criminal law concept of democracy, this article initially put forward the basic requirements for establishing the concept of criminal law of democracy in our country.