“保护”与“保障”的差距——论“严打”刑事政策与罪刑法定原则

The Difference between “Protection”and “Insurance”——On the Criminal Policy of “Strike Hard”and the Principle of Convicting Criminal and Penalty by Law

“严打”是我国长期推行的一项刑事政策 ,该项政策注重刑法的社会保护功能 ,强调刑法对犯罪的惩罚 ,从而在一定程度上忽视了对人权的保障 ,这与刑法的罪刑法定原则提倡的刑法价值有所冲突。文章从罪刑法定原则与“严打”

Strike Hard”has been carried out as a criminal policy for a long time in China.It lays stress on social protective function of criminal law and emphasizes the punishment of criminal law to crime.Thereby it neglects the insurance to human rights. There lies certain contradictions between it and criminal law value advocated in the principle of convicting criminal and penalty by law.The essay launches a discussion on the value tendencies contained in the principle of convicting criminal and penalty by law and the criminal policy of “Strike Hard”.