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在刑法理论体系中,刑法理念是其重要的组成部分,对指导和推动刑事治理和实践具有非常重要的作用。当前中国正在大力推进依法治国基本国策,中国的刑法理念在近代刑法上对刑法理念的淡化的情况下,源于对刑法哲学的不断研究探索,伴随着中国科技进步国家法律意识的提高,中国刑法理念逐渐不断生成、完善、更新进而走向繁荣。当代中国刑法理念的研究者的主体意识还存在者自主性与自觉性水平不够高等现实情况,还有刑法理念的研究成果转化为具体实践的转化率不高等诸多现实的问题,需要进一步去解决。完善和深化对刑法理念的研究,应该对中国传统刑法理论资源深入发掘,改进落后的传统的刑法理念,综合研究分析国外刑法对中国传统刑法理念的影响,为当代中国刑法理念研究做出应有的贡献。
In the theoretical system of criminal law, the concept of criminal law is an important part of it and plays a very important role in guiding and promoting criminal governance and practice. At present, China is vigorously promoting the basic national policy of governing the country according to law. Under the circumstance that the concept of criminal law in China is played down by the concept of criminal law in modern criminal law, it stems from continuous research and exploration on the philosophy of criminal law. Along with the improvement of legal awareness in China’s scientific and technological progress countries, Gradually continue to generate ideas, improve, update and then to prosperity. At present, the subjective consciousness of the researcher in contemporary Chinese criminal law still exists the reality that the level of autonomy and consciousness is not high enough, and the reality that the research results of the criminal law concept are transformed into the low practical conversion rate of concrete practice needs to be further solved. To improve and deepen the study of the concept of criminal law, we should explore the traditional theoretical resources of criminal law in depth and improve the backward traditional concept of criminal law. We should comprehensively study and analyze the influence of foreign criminal law on the concept of Chinese traditional criminal law and make the research on the concept of contemporary Chinese criminal law Contributions.