【摘要】 回应性刑法修正是对刑法适用中已经发生、暴露或存在的突出问题的回应,而这样的问题往往具有有限性,这就不可避免地存在着刑法修正解决问题的有限性;回应性刑法修正很大程度上具有处理刑法适用问题的应急性,这就会导致解决问题的不彻底性。不但如此,回应性刑法修正还带来了刑法立法的协调性不足、社会治理对刑法的依赖性越来越强、象征性立法明显增多等关涉刑法公正、谦抑或效益的问题。因此,未来的刑法修正不能只有回应性,还应具有足够的前瞻性,应形成回应有度、前瞻充分的格局。更多还原

【Abstract】 The revision of responsive criminal law is a response to prominent problems that have occurred, have been exposed or have existed in the application of criminal law and those problems often have the finiteness, which inevitably exists the finiteness of the criminal law revision in problem-solving.To a large extent, responsive criminal law revision is an emergency to deal with the application of criminal law, which will lead to the incompleteness of problem solutions. In addition, the revision of responsive criminal law also brings about some problems concerning justice, modesty or efficiency of criminal law such as the inadequacy of coordination of criminal law legislation, the increasing dependence of social governance on criminal law, and the obvious increase of symbolic legislation.Therefore, the revision of the criminal law shall not only be responsive, but also be forward-looking enough and a pattern of appropriate response and full foresight shall be formed in the future.更多还原