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刑事立法从保护法益的立场出发,将法益抽象化、类型化后对犯罪予以分类。有关法益性质的理解,不仅是决定犯罪本质不可缺少的要素,而且也成为立法上对犯罪进行分类的标准。刑事体系是一个有机的统一,其内部的有序协调乃是刑事立法的基本要求,对于法益保护的刑法目的来说,罪刑关系的合理化显得尤为重要。应立足于行为侵害法益的性质及程度,协调罪与罪之间的刑罚分配。刑法的价值只能在合理的罪刑关系中得到体现,也只有建构合理的罪刑关系才能实现保护法益的刑法任务。合理的罪刑关系应具有公平性、人本性、明确性、系统性和科学性。建构合理的罪刑关系,必须遵循法益保护优先性原则、罪刑均衡原则及罪刑关系明确性原则。
From the standpoint of protecting legal interests, criminal legislation abstracts the legal interests and classifies the crimes after they are classified. The understanding of the nature of law and interests is not only an indispensable element in deciding the essence of crime, but also the standard of criminal classification in legislation. The criminal system is an organic unity, and its internal coordination is the basic requirement of criminal legislation. For the purpose of criminal law protection, it is very important to rationalize the relationship between crime and punishment. Should be based on the nature and extent of acts against the interests of law, coordinate the distribution of the penalty between sin and crime. The value of criminal law can only be reflected in the reasonable relationship of crime and punishment, and only the construction of a reasonable relationship between crime and punishment can realize the criminal law task of protecting legal interests. Reasonable crime and punishment relations should be fair, human nature, clarity, systematic and scientific. To construct a reasonable relationship between crime and punishment, we must follow the principle of giving priority to the protection of law and interests, the principle of balance of crime and punishment and the principle of the clarity of the relationship between crime and punishment.