【摘要】 刑法学是在长期论争中逐步发展起来的。刑法理论中历来存在不少对立主张，有时论争一方甚至坚持某些极端化和夸张性的观点。从宏观上看，行为导向的刑法观与结果导向的刑法观在保护对象、违法评价基准、违法评价对象、违法评价时点和刑罚法规的机能等方面存在理论对立；从微观上看，刑罚绝对报应主义与相对报应主义、法益侵害说与纯粹规范论、市民刑法观与敌人刑法观之间的对立也一直存在。刑法论争的当代缓和表明刑法学者具有学派意识，同时也竭力避免将刑法立场简单化，充分认识到夸大立场对立的局限性，以及对学派论争进行图表式、简单化理解的可疑之处，更加理解论争对方思考问题的路径和方法，反过来检讨、完善自己的主张。将不同学派刑法体系性思考的冲突最小化，避免将刑法观点推向极端化、夸张化，重视行为规范违反、义务违反的侧面，积极回应实践需要，助力案件处理结论的妥当性，凸显刑法的社会治理功能，是未来中国刑法学发展的重要使命。更多还原

【Abstract】 The criminal law scholarship has gradually developed through long-term debates. There have always been many opposing opinions in criminal law theory, and sometimes one party in a debate even insists on certain extreme and exaggerated views. From a macro perspective, there is theoretical opposition between the behavior-oriented view of criminal law and the result-oriented view of criminal law in terms of protection object, criterion of illegality assessment, object of illegality assessment, time point of illegality assessment and the function of laws and regulations on criminal punishment; from a micro perspective, the oppositions between absolute retributivism and relative retributivism in punishment, between the doctrine of infringement of legal interests and the doctrine of pure normativism, and between the citizen-oriented view of criminal law and the enemy-based view of criminal law have always existed. The contemporary easing of disputes concerning the criminal law shows that criminal law scholars possess a sense of school consciousness, and at the same time they try their best to avoid simplifying their stances in the criminal law. They fully realize the limitations of exaggerating the opposition of stances and the questionable aspects of a graphical and simplified understanding of the debates among schools, and better understand the thinking paths and methods of other parties in the debates and in turn reflect on and improve their own propositions. It is an important mission for the future development of criminal law scholarship in China to minimize conflicts of systematic thinking among different schools of criminal law, avoid pushing views on the criminal law toward extreme and exaggeration, actively respond to practical needs, contribute to the appropriateness of case handling conclusion, and highlight the function of criminal law in terms of social governance.更多还原