宽严相济刑事政策的展开

宽严相济刑事政策具有开放的空间,但需要立法者、司法者和执行者在刑法基本原则的制约之下展开其具体内容。宽严相济刑事政策应当首先作为刑事立法政策指导刑事立法,而刑事立法政策、刑事司法政策和刑事执行政策应当放在整体的刑事社会政策中考察,在有关犯罪人人权保障和被害人被害补偿的刑事社会政策中进一步展开宽严相济的刑事政策。

Thinking about Developing the Criminal Policy of Combining Punishment with Leniency

The criminal policy of combining punishment with leniency is open in space,and requires legislators,judges and law enforcers to implement on the basis of the basic principle of criminal law.The criminal policy of combining punishment with leniency should first be thought of as a criminal legislative policy before we can develop it in the penal code.The criminal legislative policy,the criminal justice policy and the criminal enforcement policy should be studied and formulated in consideration of social policy in criminal matters,according to which the human rights of criminals are guaranteed and victims are compensated,and then we can further implement the criminal policy of combining punishment with leniency.