刑事法と社会倫理 : 刑事法政策における新課題

抄録

In the society of the 21^<st> century of complicated and diversified sense of values, criminal regulations have now come to cover the field of people's private life, which we have never imaged before. As a result, a social sense of value is forced to each individual citizen by punishment at the minimum level. Now is the time to review the way this new legal policy should be in administrative criminal laws such as the Stalking Regulation Act, the Anti-Prostitution/Anti-Pornography Act for children in order to check how much intervention is allowed into each citizen's private life by the government or how much a social sense of value is allowed to be forced to people by puni shment. At the same time, in the society where a sense of value has become relative, decriminalization of crimes must actively be promoted by limiting and restricting the application of punishment within the minimum necessary scope for the purpose of the benefit and protection of the law based on a spirit of tolerance of the civil society. This appropriation and restriction of punishment should be the basic principle of the criminal law in the 21^<st> century.