罪刑关系宽和性的当下拓展与重申

作为罪刑关系的一种特性,罪刑关系的宽和性应在刑事一体化的领域得到拓展。若联系刑事理念和刑事实践的最新发展,则罪刑关系的宽和性应在当下拓展出当事人性、可合作性与可暂缓性,并且当事人性、可合作性与可暂缓性在相互渗透和相互说明之中"拱举"着罪刑关系的宽和性。由当事人性、可合作性与可暂缓性来充实的罪刑关系的宽和性是对罪刑关系本身的肯定,不仅有着深刻的人权意义,而且有着基本的刑事政策意义。罪刑关系是刑事法理论的一个制高点。

The Current Expansion and Reaffirmation of Tolerance and Kindness of the Relationship between Crime and Punishment

As a kind of special characteristic, tolerance and kindness of the relationship between crime and punishment should be expanded in the field of criminal integration. If it is related to the newest development of criminal concept and practice, it should include involvement, collaboration and respite, which supports and enhances tolerance and kindness of the relationship between crime and punishment through mutual infiltration and interpretation. Tolerance and kindness of the relationship between crime and punishment substantiated in involvement, collaboration and respite is the confirmation of such relationship, which has significance of not only human rights but also criminal policy. The relationship between crime and punishment is a commanding height of criminal law theory.