检视与重塑：宽严相济刑事政策的理论基础

宽严相济刑事政策是当下刑事法界域一个颇为热门的话语，并带动了新一轮刑事政策研究浪潮。这固然是一个可喜现象，但在繁华表象下保持一定的慎思却是必要的。基本刑事政策乃刑事法治的灵魂与导向，从根本上决定了刑事法律活动的基本框架，并将直接影响惩治犯罪与预防犯罪的效果。因此，有必要进一步夯实宽严相济政策的理论基础，提升基本刑事政策研究的理论品格，并为其实践展开作好理论准备。

Examination and Reestablishment: The Theoretical Basis of the Criminal Policy of Combining Punishment with Leniency

The criminal policy of combining punishment with leniency ranges, at present, an extremely popular issue in the filed of Criminal Law. Though it is indeed a gratification that a new research-wave of the Chinese criminal policy has been propelled by the stirring of interest in those researches aforesaid, we can nev- er make ourselves a little careless confronting the surface of prosperity. To determine the main framework of criminal activities basically, the fundamental criminal policy not only makes the spirit and orientation of the le- gal ideology in criminal law realm, but also has direct effect on the punishment as well as prevention to crimes. Thus, to have a good preparation to be practised, it is indispensable for all researchers, on the one hand, to consolidate the theoretical basis of the criminal policy of combining punishment with leniency further more, and on the other hand, to enhance the theoretical character of the basis criminal principle.