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刑法是最精确的法。由于刑法以剥夺公民的自由为主要制裁手段,因此必须强调刑法体系的科学性与精确性,才能使刑法符合理性目的,满足法治需要。为了实现这一目的,必须确立刑法的宪法性界限,这不仅是在法律效力等级这一形式层面上宪法至上的客观要求,更在于刑罚目的与宪法价值的在实质理性层面的契合。作为中国刑法学理论体系的起点,刑罚目的的宪法性界限的确立必然要求宪法性界限贯穿于整个刑法体系之中。而刑法的宪法性界限的确立,将有利于法治体系的完善与统一,有助于刑法真正发挥授权法、保护法和塑造法的功能,从而实现公平正义的法治目标。当然,刑法的宪法性界限的确立,需要制度设计与实践遵从的保障。
Criminal law is the most accurate method. Because criminal law deprives citizens of freedom as the main means of sanctions, we must emphasize the scientific and precise criminal law system in order to make the criminal law for rational purposes, to meet the needs of the rule of law. In order to achieve this goal, we must establish the constitutional boundaries of criminal law. This is not only an objective requirement of constitutional supremacy at the formal level of legal effectiveness, but also at the substantive and rational level of the criminal purpose and constitutional value. As the starting point of the theoretical system of criminal law in China, the establishment of the constitutional limits of criminal purpose necessarily requires that the constitutional boundaries run through the entire criminal law system. The establishment of the constitutional boundaries of the criminal law will be conducive to the improvement and unification of the rule of law system and will help the criminal law to give full play to the functions of the law of authorization, the law of protection and the law of shaping so as to achieve the goal of rule of law in fairness and justice. Of course, the establishment of the constitutional boundaries of criminal law requires the guarantee of system design and practice compliance.