我国刑事政策的选择及对刑事立法的影响

刑事政策对犯罪的预防和抑制作用日益重要,轻缓化发展是各国刑事政策的必然的发展趋势。因此,我国的刑事政策也应沿着轻缓化和人道化的方向发展。我国在对付犯罪的策略上,通过刑罚把犯罪遏止在不危及社会基本生存条件的范围和限度内,凭借其他社会控制手段把犯罪消灭在萌芽状态。由于刑事政策和刑事立法存在密切的联系,我国应根据具体国情制定适当的刑事政策和完善我国刑事立法。

China's Choice for Criminal Policy and the Influence to Criminal Law

Criminal policy is increasingly important to crime prevention and restraint.The idea of modesty and restraint of modern penalty has developed a lot,and doctrine of modesty and restrain has been the foundation of modern criminal policy.It is an inexorable trend that criminal policy of each country will develop along a light and relaxed direction.Therefore the criminal policy of our country also should develop along a light and relaxed direction.The tactics to tackle crimes of our country is to check crimes within the limits not to imperil social basic living conditions and to nip crimes in the bud by other social control.Due to close relationship between criminal policy and criminal law,we should formulate a proper criminal policy according to the specific situation of our country and reform criminal laws of our country.