论刑法研究方法的更新

Y. E. Pudovochkin, M. Babayev
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引用次数: 0

摘要

介绍。刑事政治理论的现状不仅需要实质性的更新,而且需要方法论的更新。这既要通过积极创造新的方法和研究方向,也要通过利用已经确立的方法原则。其中一个原则就是统一原则和对立斗争原则,这两个原则合起来就是辩证方法论的核心。在某种程度上,这在俄罗斯科学史上是不可信的,但它的潜力还没有完全显露出来。从刑事政策构成矛盾分析的角度研究刑事政策,是国内法学界一个崭新的、有发展前景的研究领域。材料与方法。这一研究是采用对任何社会现象的内容和本质进行辩证理解的传统进行的。这是一种方法论,它在每一特定时刻的状态是由形成这种现象的对立面的内容和比例决定的。从这些立场出发,对当前刑事政策执行的实践及其在现代文献中的评价进行了研究。结果。在对刑事政策矛盾系统的分析中,有希望为今后的独立研究开辟两个领域。首先是刑事政策发展中的矛盾和刑事政策运行中的矛盾。第二种是在特定时刻刑事政策功能的相反特征之间关系的表现。这是在政策发展的一定时期内发展起来的,表现为一种倾向。它们都可以以若干组的形式呈现,这些组揭示了理想与物质的辩证法,系统的结构和功能,即将发生的和当前存在的。讨论与结论。区分刑事政策运作中的矛盾和对刑事政策本身的主观评价是矛盾的,这是至关重要的。如果主观评价在很大程度上取决于观察者的意识形态立场,那么刑事政策运作中的客观矛盾的特点是对立面的永恒共存及其不可摧毁性。这就要求在民主基础上通过达成协议,在某些情况下通过妥协,在社会多方面发展的背景下解决这些问题。解决刑事政策运作中的矛盾不应那么多地服从于优化立法或执法活动的目标,而应服从于尽量减少犯罪和保护宪法价值免受犯罪威胁的目标。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
The Need to Update the Research Methodology in Criminal Law Science
Introduction. The current state of criminal-political theory requires not only a substantive, but also a methodological renewal. This is both through the active creation of new methods and research directions, and also by utilization of already well established methodological principles. One of these principles, is the principle of unity and the struggle of opposites, which taken together constitute the core of dialectical methodology. This to some extent discredited in the history of Russian science, but its potential has not been fully revealed. Deprived of ideological flair, the study of criminal policy from the point of view of analysing its constituent contradictions is a new and promising area of research in the sphere of domestic legal science. Materials and Methods. The study was carried out using the tradition of dialectical understanding of the content and essence of any social phenomenon. This is by a methodology where its state at each specific moment of time is determined by the content and ratio of the opposites that form this phenomenon. From these positions, the current practice of the implementation of criminal policy and its assessment in modern literature are the subject of research. Results. In the analysis of the system of contradictions in criminal policy, it is promising to single for future independent research, two areas. The first is contradictions in the development and contradictions in the functioning of criminal policy. The second is the representation of the relationship between the opposite characteristics of the functioning of criminal policy at a given moment in time. This develops within a certain interval of policy development and manifests itself as a type of tendency. They can both be presented in the form of several groups that reveal the dialectic of the ideal and the material, the structure and functions of the system, the forthcomingly due and the current existing. Discussion and Conclusion. It is fundamentally important to distinguish between contradictions in the functioning of criminal policy and the subjective assessment of criminal policy itself as contradictory. If the subjective assessment is largely dictated by the ideological position of the observer, then the objective contradictions in the functioning of criminal policy are characterised by the eternal coexistence of opposites and their indestructibility. This presupposes their resolution in the context of the multi-vector development of society on a democratic basis by reaching agreement, and in some cases a compromise. The resolution of contradictions in the functioning of criminal policy should be subordinated not so much to the goal of optimising lawmaking or law enforcement activities, but rather to the goal of minimising crime and protecting constitutional values from criminal threats.
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