非刑罚化的界限研究

刑罚的流弊引发了西方国家的非刑罚化运动。对于西方国家的非刑罚化运动及其对我国的借鉴意义,国内学者认识不一。目前在我国,非犯罪化是广义的＂非刑罚化＂的内容之一,狭义的＂非刑罚化＂应当包括免予刑事处罚单纯宣告有罪、免予刑事处罚予以非刑罚处罚、对犯罪独立适用的保安处分等内容,对其中存在的问题,我们应当保持清醒的认识。

On the Limits of Depenalization

The fraud of prison sentence led to the depenalization movement in Western countries.Domestic scholars have different understandings to the depenalization movement in Western countries and it＇s reference significance for our country,there are two types viewpoints containing broad sense and narrow sense theory about it,the broad sense theory had been criticized by the narrow sense one.Quite a few measures that belong ＂non-penalty＂ originally had been become ＂penalties＂ now in Western countries,we should not equate historical ＂depenalization movement＂ with current ＂non-penalty measures＂,some theoretical research and judicial practice about ＂depenalization＂ in our country have broken away this reality more or less.At present in our country,decriminalization belongs to broad sense ＂depenalization＂,narrow sense＂depenalization＂ should include exempted from criminal punishment and declared guilty simply,exempted from criminal punishment and punished by means other than criminal punishment,security measures applied to crime independently,etc,and we should maintain a clear understanding to their problems.