毛泽东刑事政策思想研究——谱系学的分析路径

毛泽东思想博大精深,其体系涵盖政治、文化、军事等许多领域.同样,他在刑事政策思想方面也不乏真知灼见.其内容主要包括从阶级观念出发,认为当时现实中的反革命犯罪是敌我矛盾问题,强调划清"敌我界限",一般刑事犯罪是人民内部矛盾问题,要求区分"是非";治理犯罪的工作机制是党领导下的群众路线;惩治策略是镇压与宽大相结合;刑罚政策上主张灵活性适用.毛泽东刑事政策思想与毛泽东所处的社会形势有着密切的关系;与对当时中国社会结构的理解和把握有着内在的关联;与矛盾论等哲学思想更有着直接的渊源关系.当前,系统研究毛泽东刑事政策 思想,对现阶段有效治理犯罪具有重要的指导意义.

A Study on Mao Zedong's Thoughts of Criminal Policy

Just as extensive and profound as his thoughts on politics,culture and military affairs,Mao Zedong's thoughts of criminal policy have a penetrating observation on crime.From class viewpoint,the crime of counterrevolution results from the contradiction between ourselves and the enemy so a clear distinction between people and the enemy should be made while common crimes belong to contradictions among the people so a differentiation of right and wrong should be made.The working mechanism to prevent and punish crime is the mass line under the leadership of the Party and the tactics of punishment is to combine suppression and leniency.And the policy of penalty should be applied flexibly.Mao Zedong's thoughts of criminal policy are closely associated with the social situation of his day,with his comprehension of the social structure of China as well as with his philosophical ides on contradiction.To study his criminal policy systematically nowadays will help guide the effective crackdown of modern crimes.