试论我国量刑中存在的问题

THE PROBLEMS LYING IN THE MEASUREMENT OF PENALTY

我国的量刑中缺少对犯罪人人身危险性的关注,我国刑罚的根据是一般预防。我们主张在量刑中加大人身危险性对量刑的比重。

The essay first points out the problems existing in China's measurement of penalty,and the lack of attention to the criminals' dangerousness of the person. Then, it exceeds to expatiate the theoretical sources of this problem. On resolving it, the essay claims to take more dangerousness of the person into consideration when determining what punishment to give.