罪责刑相适应理论的批判性解读

我国刑法学主流观点将刑法第5条的规定视为罪责刑相适应原则,但这种理论存在重大的理论缺陷与误区。首先,在提出的背景上,其曲解了刑罚个别化与罪刑均衡的内在关系;其次,罪—责—刑的结构存在着严重的逻辑缺陷;再次,其对罪刑相关因素的内涵界定存在着自相矛盾;最后,其加剧了刑法功能的冲突升级,并最终肢解了刑法功能。从维护我国刑法学体系协调的立场出发,应当终结罪责刑相适应理论,重新回到罪刑均衡的时代。

The Critical Theory of the Principle of Suiting Punishment to Crime and Responsibility

The mainstream opinion regards the Article 5 of Criminal Law as principle of suiting punishment to crime and responsibility,but it has great theoretical defects and errors.First,in the background,it distorted the internal relationship between punishment of the crimes and balanced e-portfolio,second,the structure of ＂crime-responsibility-punishment＂ has serious logical flaws.Again,it has contradictions to define relevant factors.Finally,it increased the conflict of law and the function,eventually dismember it function.From the maintenance of coordination,suiting punishment to crime and responsibility shall be prescribed equilibrium theory,back to the era of the balance between crime and punishment.