作为殖民的附属,北美殖民地继受了英国法,并成为普通法系的核心成员。但制定法在美国地位向来重要,美国亦持续致力于刑法法典化。民间机构——美国法学会于1962年制定的《模范刑法典》掀起美国刑法典改革风潮,也助益了刑法理论及实践。《模范刑法典》所拥有的有效性、公正性、人道性成就了其超越,然而,其缺陷令之面临严峻挑战。 As an adjunct to colonization, the North American colonies inherited the English law and became a core member of the common law system. However, the statutory status has always been important in the United States. The United States has also continuously committed itself to the codification of criminal law. The non-governmental institution, the “Model Criminal Code” enacted by the American Law Society in 1962, set off a wave of reforms in the U.S. criminal code and helped to promote the theory and practice of criminal law. The validity, fairness and humanity possessed by the Model Penal Code have made its mark. However, its shortcomings pose severe challenges.