隐形刑法是一种非正式的刑法运作样态,是在政治体制等非法律因素所共同影响下的真实刑法面相。隐形刑法广泛地征表于刑事立法、刑事司法、刑事政策及民意等环节,其形成机制有着复杂的非法律因素。应首先正视而非一味排斥其存在的客观性与必然性,进而力图控制其可能诱发的各种风险,有效的权力规诫是因应隐形刑法的关键,借助社会制度与法律文化而成的刑法信仰是前提。 Invisible criminal law is a kind of unofficial operation of criminal law, which is the true face of criminal law under the common influence of non-legal factors such as political system. Invisible criminal law has been extensively expounded on the aspects of criminal legislation, criminal justice, criminal policy and public opinion. Its formation mechanism has complicated non-legal factors. Should first face rather than blindly reject the objectivity and necessity of their existence, and then try to control the various risks that may be induced by the effective power of discipline is due to the key to invisible criminal law, with the help of social system and legal culture, criminal law is premise.