宽严相济刑事政策的刑罚观依据

从古代社会到启蒙思想运动，再到古典犯罪学派、实证犯罪学派、犯罪社会学，人类社会关于刑罚目的与功能的刑罚观已经发生了深刻的变化。然而，长期以来，我们对刑罚的认识却存在不小的偏差，往往将刑罚作为专政的一种工具，将刑罚视为政治问题，过于强调通过刑罚手段来严厉打击“敌人”或者严重犯罪分子，而不是将刑罚视为一种科学。宽严相济刑事政策的提出，是我国在对传统刑罚观进行反思的基础上，认肯现代刑罚观的必然结果。

The Basis of the Penalty Concept on the Criminal Policy Tempering with Mercy and Severity

The human society has undergone profound changes on the criminal punishment idea of the penalty goal and function, from the ancient society to the enlightenment movement, to the classical school of criminology, the positive school of criminology and the criminal sociology. In a long time, there are some deviation on the concept of penalty. We do not see the penalty as a science,while see the penalty as a tool for dictatorship or a political problems, excessively emphasizing on cracking down on the"enemy" or serious criminals by means of penalty. It is a inevitable result of recognizing the modern concept of punishment that we put forward the criminal policy tempering with mercy and severity, which is on the basic of reflection of the traditional concept of punishment in our country.