CAJ | 학술논문

刑法之真是指刑法在符合事物的状况和规律中得以制定出台,后在自身的内外协调运行中反映刑事个案的事实真相,定罪准确,量刑适当,且行刑科学.刑法之真是“刑法之本真”“刑法之自真”和“刑法之用真”的有机整体.立于“符合论”以“事实真”来界定刑法之真,则主体客体化是刑法之真之哲学本质,而这也符合保障人权和保护社会的刑法应然价值.在与刑法之善的关系之中,刑法之真之意义最终体现为刑法应然价值的实现.刑法真善美的内在统一与有机整体是刑法文化的一种“化境”,而刑法之真便是刑法文化的第一勾连.
형법지진시지형법재부합사물적상황화규률중득이제정출태,후재자신적내외협조운행중반영형사개안적사실진상,정죄준학,양형괄당,차행형과학.형법지진시“형법지본진”“형법지자진”화“형법지용진”적유궤정체.립우“부합론”이“사실진”래계정형법지진,칙주체객체화시형법지진지철학본질,이저야부합보장인권화보호사회적형법응연개치.재여형법지선적관계지중,형법지진지의의최종체현위형법응연개치적실현.형법진선미적내재통일여유궤정체시형법문화적일충“화경”,이형법지진편시형법문화적제일구련.
Reality of criminal law means that criminal law is in keeping with the status and rules of things, re- flets the truth of a case and means accurate convict, proper measurement of punishment and scientific execution of punishment. Reality of criminal law means that criminal law is the organic entirety that is composed of original real- ity of criminal law, its own reality of criminal law and using reality of criminal law. If philosophy nature of reality of criminal law is definited in fact reality from conformation thoery, philosophy nature of reality of criminal law is ob- jectiveness of subject, which is keeping with the due values in protecting human rights and society. In the relation- ship between kindness of criminal law and reality of criminal law, the significance of reality of criminal law embodies the realization of due values of criminal law. The inner integretation and organic entirety of reality, kindness and beauty of criminal law is a kind of fairland of culture of criminal law , in which reality of criminal law is the first in- volvement in culture of criminal law.