和谐社会视野下非刑罚化的价值取向与理论基础探析

以监禁刑为主的近代各国刑罚体系,在矫正罪犯和恢复社会秩序等方面发挥了举足轻重的作用。但在日益开放的现代社会中,以监禁刑为主的刑罚运行成本在不断增加,其改造效能也有待加强。非刑罚化是对犯罪行为处罚,在不适用刑罚而采其他处罚手段能达目的时,可排除刑罚适用的责任承担方式,其运行成本相对较低,且符合刑罚发展趋势和保障人权之需要。研究我国非刑罚化的价值取向及其理论与实践基础有着重要的理论和实践意义。

The Value Orientation and Theoretical Basis of Depenalization in the View of a Harmonious Society

In modem times, with the focus on imprisonment, the penal system of every country played a very important role in crime correction and the restoration of social orders. But in the current society, which is more and more open, the cost of penalty operation has been increasing and its function of transforming needs to be enhanced. Depenalization means that methods of bearing criminal liability of penalty application can be excluded when a crime can be punished by other methods. Its cost is comparatively low and fit in with the trend of penalty development and the requirement of human - right protection. The study of the value orientation and theoretical Basis of depenalization means a lot to both the theory and the practice.