刑罚结构部分调整之理性探索

我国的刑罚结构是典型的重刑结构,最主要的表现是以生命刑和重度自由刑为中心.就目前而言,严格限制以至不适用死刑是我国大致可以接受的废除死刑的方式.对无期徒刑也需做出必要的控制,尤其要注意无期徒刑与有期徒刑的衔接问题.而对短期自由刑改革的最直接有效的方式是将短期自由刑易科为非监禁方式的替代型改革方案.

On Rational Exploration of Penalty Structure Adjustment

The penalty structure in China is a typical severe punishment structure, mainly centralized by life penalty and severe freedom punishment. At present, the strict limitation for the death penalty in China is generally considered as acceptable way to abolish the death penalty. But we still need to make the necessary control of life imprisonment, especially the joint problems between life imprisonment and fixed-term one. However, the most direct and effective reform for the short-term free punishment is an alternative mode to change the short-term freedom penalty into the non-custodial one.