尽管和谐社会的评判标准不一,然而“和谐社会是法治社会”的命题,不证自明。亚里士多德说过：“法治应包括两方面的含义,已制定的法律得到普遍的服从,而大家所服从的法律又应该是制定得良好的法律”。既然“法治”的前提是“良法之治”,“刑事法治”的前提也应当是“良好的刑事法之治”。当前在我国它至少应当包含公正、理性、注重人权保障、兼顾惩罚犯罪与预防犯罪以及密切关注犯罪个案等内容。 Although the criteria for evaluating a harmonious society are different, the proposition that “a harmonious society is a society ruled by law” is self-evident. Aristotle said: “The rule of law should encompass two meanings. The enacted laws are universally obeyed, and the laws everyone obeys should be a well-drafted law.” Since the premise of “rule of law” is “the rule of good law,” the premise of “criminal law” should also be “a good rule of criminal law.” At present, it should at least include impartiality and rationality in our country, pay attention to the protection of human rights, give consideration to punishing crimes and preventing crime, and pay close attention to criminal cases.