德国刑事政策的任务、原则及司法实践

德国是刑事政策理论的发祥地 ,也是刑事政策思想学说最为深刻、系统的国家。它将刑事政策的任务定位于 :基于不同时期的社会状况和犯罪态势指导包括刑法、刑事诉讼法和刑罚执行法律在内的刑事法律的制定、执行及变革 ,指出与犯罪作斗争的有效途径和方法。人道、法治和公正三大原则贯穿于刑事政策的始终 ,使得现代德国刑事政策的进程表现出整体上犯罪网趋宽、刑罚网疏缓 ,而对特定犯罪轻中有重、重势增强的特征

The Tasks, Principles and Judicial Practice of German Criminal Policy

Germany is the birthplace of the theory of criminal policy and also a country with the most profound and systematic doctrine of criminal policy. The orientation of the criminal policy is to guide the initiation, enforcement and reformation of criminal laws including criminal law, criminal procedural law and laws on penalty enforcement, and to point out the effective ways and methods to fight crimes, on the basis of the social state and criminal situation in different stages. Humanism, rule of law, and justice are the three principles impenetrating all along the criminal policy, as makes the progress of the modern German criminal policy manifest the following characteristics: the net of crimes is broadening; the net of criminal penalty is gentle; in the lightness there are severe punishments; the trend of severeness is being intensified.