＂以人为本＂视野下的宽严相济刑事政策

2006年我国明确提出了要实施宽严相济的刑事政策,表现了我国对刑事领域犯罪的态度,对于严重危害社会的暴力性刑事犯罪要严厉打击,以维护法律的权威和尊严,另外又要充分重视依法从宽的一面,最大限度地化消极因素为积极因素,减少社会对抗。如何将这两者结合起来更好地进行研究,使宽严相济刑事政策的运用达到最佳的效果,从而实现对人权的有效保护,使这一政策达到社会效果和法律效果的统一确已十分必要。

On Policy of Tempering Justice with Mercy from People Oriented Perspective

At the Third Plenary Session of the Sixteenth Central Committee of the Communist Party o! China, our party put forward the view of development of humanism, which is the new development of the human rights con- struction, and has a great influence on various fields. The criminal field, of course, is not exceptional. In 2006, our country clearly put forward the criminal policy of tempering justice with mercy which indicates our attitude to the crimes： one hand is to clamp clown on the violent crimes to maintain legal authority and dignity, the other hand is to temper justice with mercy, turn negative factors into positive factors as possible as we can, and reduce social confrontation. It is necessary for us to combine both better so as to make the criminal policy of tempering justice with mercy achieve the best effect, to realize the effective protection of human rights, and to achieve the unification of social and legal effect.