论我国刑法学从意识形态化向学术化的跨越

摘要

新中国刑法学的发展历程表明，刑法学研究应该与意识形态保持适当的距离，更不能以僵化的意识形态干预学术争鸣。近年来，刑法学知识正在经历转型，泛意识形态化的问题逐渐消减。在犯罪构造理论问题上，学界论战激烈，但意识形态的教条不再被作为论战的武器，以意识形态之名在学术争鸣中“打棍子、扣帽子”的做法已经失去市场，这是刑法学研究走向学术化的表现。%The history of the People's Republic of China indicates that, criminal law science should keep an appropriate distance from ideology, and academic debates should not be intervened by ossified ideology. In recent years, the criminal law science is on the road of transition, and the problem of“Pan Ideology”is being dispelled gradually. Especially in the crime constitution theory debates, academic controversy is very intense, but the ideological dogma is no longer taking as weapons, which shows that the practice of“putting hats on people , and to wielding the big stick” by ideology has been outmoded, and it indicates that the criminal law science is being academic.