反思刑法“严打“方针维护社会长治久安

近20年来,全国范围内统一组织开展了3次"严打"运动,社会上对"严打"方式和效果都有不同看法.文章对此进行了全面的分析,认为国家根据社会治安情况,在一个时期对犯罪采取严厉的打击方针是有理论和实践根据的.但是,"严打"必须是一贯性的方针,而不能是临时性的措施;应当在法治范围内进行,而不应该冲破法律的限制;同时,对刑罚的功能也应当有个客观正确的评价,国家不能过分依赖刑罚治理社会.

Reflect "Strike - Hard" Policy for Lasting Social Stability

In the last 20 years,Chinese government organized three"Strike - Hard "campaigns, which obtain different views on its performance and effects. Analysing this situation thoroughly,this paper holds that the government has its theoretical and political basis of the policy of striking crime hardly during a certain period of time in certain social conditions. However, "Strike-Hard"policy should be persistent, but not temporary; it should be performed within, but not beyond the limits of law. And the functions of criminal punishment should be valued justically. The government can not rely too much on punishment to administrate its country.