（河北大学 法学院/马克思主义学院，河北 保定 071000）
关键词：“法德合治”原则 刑法思考方式 定罪 量刑 司法判断
The Principle of “Rule by Law and Morality” and the Thinking Way of Criminal Law: within the Theory of Criminal Law’s Application
Su Yong-sheng, Zhangchong
((Law School/School of Marxism, Hebei University, Hebei Baoding 071000, Chian))
Abstract: The principle of “rule by law and morality” emphasizes the “co governance” of law and morality. Among them, “law” refers to the national statute law, while “morality” refers to the informal system with morality as the core. As far as the implementation of law is concerned, the principle of “rule by law and morality” requires maintaining the thinking mode of formal rule of law prior to substantive rule of law. Applying this thinking way to criminal law, not only requires objective judgment prior to subjective judgment, fact judgment prior to value judgment and general judgment prior to individual judgment in conviction, but also requires objective circumstance prior to subjective circumstance, factual circumstance prior to normative circumstance and the circumstance influencing responsibility penalty prior to the circumstance influencing preventive penalty in sentencing.
Key words: principle of “rule by law and morality”; thinking mode of criminal law; conviction; sentencing; judicial judgement