刑事政策概念辩析

Differentiation and Analysis of the Concept of Criminal Policies

刑事政策,是国家政权机构创制而由国家与社会多重力量加以实践,针对犯罪和相关行为及其行为人,由法律和社会诸多手段协调组成的,旨在控制犯罪,维持社会治安的策略与方案的系统。刑事政策的价值目标应当是控制犯罪。刑事政策的决策主体只能是国家政权力量,但是,刑事政策的执行并不排斥甚至需要社会团体乃至公民个人的协同配合。刑事政策的客体,不仅针对行为,而且针对有关行为人。

Criminal Policies, which are established by state power organs and implemented by both state and social forces, are directed at criminal acts and offences related to criminal acts, as well as criminal offenders. Consisting of coordinated legal means and social measures, criminal policies are a system of strategies and schemes designed to control crime and to maintain social order. The value goal of criminal policies should be the control of crime. The subjects that formulate and work out criminal policies can only be state power organs, but the implementation of criminal policies does not exclude, and even does require coordinated cooperation of social bodies and individual citizens. The objects of criminal policies are not only criminal acts but also criminal offenders.