刑事政策与刑法适用

广义刑事政策并不限于直接以防止犯罪为目的的刑罚制度,还包括间接的与预防犯罪相关的各种社会政策,区分为刑事惩罚政策和社会预防政策两项基本内容.刑事政策有很强的实践性、具体性和精确性,表现为一种具体的公共决策;作为一个开放性的有机整体,刑事政策是一个预防和控制犯罪的系统,因此,应具备一体化思想.

Criminal Policy and Application of the Criminal Law

The criminal policy in broad sense is not limited to the penalty system with the purpose of preventing the crime, but includes various indirect social policies related to the crime prevention, which may be divided into the criminal punishment policy and social prevention policy. The criminal policy, with the characteristics of practicability, concretization and accuracy, is embodied of a detailed public decision-making; and as an opening organic whole, it is a system of crime prevention and control, therefore the integrative idea should be adopted.