轻罪重罪之法定界分

借鉴域外经验,中国刑事立法也应对轻罪和重罪的界分问题作出明确规定。这种规定不仅具有实体和程序方面的意义,也具有犯罪观念、刑事政策和刑事立法方面的重要意义。轻罪与重罪的划分应是对罪行而非对犯罪性质的划分,轻罪和重罪的划分标准应采取形式标准而非实质标准,在形式标准中应采取法定刑标准而非宣告刑标准,在具体划分界限上应以法定最高刑5年有期徒刑作为分界线。

Legal Differences between Misdemeanors and Felonies

After borrowing the overseas experience, criminal legislation in China should also clearly define the differences between misdemeanors and felonies. This regulation is not only necessary on substantial and procedural aspects, but is also essential with regard to criminal ideas, criminal policy and criminal legislation. The differentiation of misdemeanors and felonies should be made based on crimes rather than on the nature of crime and the standard of differentiating misdemeanors and felonies should be formal standard rather than substantive standard. Statutory sentence instead of discretionary sentence standard should be adopted in the formal standard and the statutory maximum punishment of fixed-term imprisonment of five years should be taken as a dividing line of misdemeanors and felonies.