新中国成立后,刑法立法经历了多种发展形式。对于这些形式所依赖的知识路径,在学界缺乏必要关注。本文在此谈谈个人看法,并期望总结出一些对今后立法形式有价值的观点。一、作为革命与斗争工具的刑法新中国成立对于法律的最重大历史事件就是抛弃了国民党时期的六法,从而客观上形成了无法可依的局面。新中国既无能力,也缺乏必要条件制定刑法典。但在当时的环境下,国家还面临美国侵略的威胁,国民党残余势力还在蠢蠢欲动,因此,许多人意识到必须学习苏联经验,加强司法工 After the founding of new China, criminal law legislation has undergone many forms of development. In the academic world, there is a lack of necessary attention to the knowledge path on which these forms depend. This article here to talk about personal opinion, and look forward to some summed up some of the views of the future legislative form. I. Criminal Law as a Tool for Revolution and Struggle The most significant historical event that New China established for law was the abandonment of the six laws of the Kuomintang period, which led to an objectively unmanageable situation. New China is both incapacitated and lacking the necessary conditions to formulate a penal code. However, under the current circumstances, the state was also threatened by U.S. aggression and the remnants of the Kuomintang were still on the verge of attack. Therefore, many people realized that they must learn from Soviet experience and strengthen judicial work