%0 Journal Article
%T 论刑法的明确原则——以流氓罪的取消及内容分解为视角<br>On the Clear Principles of Criminal Law—From the Perspective of the Cancellation and Content Decomposition of the Crime of Hooliganism
%A 王泽华
%J Open Journal of Legal Science
%P 1069-1072
%@ 2329-7379
%D 2024
%I Hans Publishing
%R 10.12677/OJLS.2024.122156
%X 现行《中华人民共和国刑法》(以下简称97《刑法》)于1997年颁布并予以施行，相比于1979颁布并施行的《中华人民共和国刑法》(以下简称79《刑法》)在内容上进行了大幅删改。其中流氓罪被予以取消，其原本内容也被分解为聚众斗殴罪、寻衅滋事罪、聚众淫乱罪、引诱未成年人参加聚众淫乱罪、盗窃罪等。原本的流氓罪在刑罚上最高量刑可达死刑，但97《刑法》中由79《刑法》流氓罪内容中分解出来的上述若干罪名在刑罚上均取消了死刑和无期徒刑，这在社会主义法制建设史上是一个进步。该项内容的修订体现了刑法的明确原则。<br />
The current Criminal Law of the People’s Republic of China (hereinafter referred to as the “97 Crim-inal Law”) was promulgated and implemented in 1997, and compared to the Criminal Law of the People’s Republic of China (hereinafter referred to as the “79 Criminal Law”), which was promulgated and implemented in 1979, there have been significant changes in its content. Among them, the crime of hooliganism has been abolished, and its original content has also been broken down into the crimes of affray, provocation and trouble making, gathering and promiscuity, luring minors to participate in gathering and promiscuity, theft, and so on. The original crime of hooliganism had a maximum penalty of up to the death penalty, but the above-mentioned charges, which were decomposed from the content of hooliganism in the Criminal Law of 1979, have all abolished the death penalty and life imprisonment in terms of punishment. This is a progress in the history of socialist legal construction. The revision of this content reflects the clear principles of the Criminal Law.
%K 刑法，明确原则，流氓罪<br>The Criminal Law
%K Principle of Clarity
%K The Crime of Hooliganism
%U http://www.hanspub.org/journal/PaperInformation.aspx?PaperID=81253