"两极化"刑事政策下的刑罚制度改革设想

二战后,在两极化的现代刑事政策的推动下,西方各国相继进行了本国刑罚制度的两极化改革.当前我国由原来单一的重刑化刑事政策转变为宽严相济的刑事政策,刑罚制度改革也应与之相应:一方面,对于轻微犯罪,应轻缓其处罚力度,倡导人道主义的刑罚处遇方式;另一方面,对于严重犯罪,则要在严格限制适用范围的前提下,提高其刑罚的处罚力度.

On the Penalty Reform under the Impact of the Polarized Modern Criminal Policy

After the Second World War, under the impact of the polarized modern criminal policy, western countries, one after another, have been undergoing the polarized reform concerning their own penalty systems. So far, China has turned its criminal policy from heavy sentence into the compatibility of severity and leniency. And its criminal penalty has been reformed in line with such trend: in one place, as to minor offenses, the penalty should be softened, advocating the humanitarian way of handling such crimes; in another place, as to the serious offenses, the application domain should be strictly observed when the penalty is upgraded.