论经济犯罪刑罚的轻缓化

THE PENALTY MITIGATION ON ECONOMIC CRIMES

从世界刑罚发展看,刑罚轻缓宽和是刑罚进化的必然结果。刑罚轻缓化成为刑法改革的重要趋向。在这一趋势的影响下,各国刑罚整体趋轻,对轻微犯罪采用更为轻缓的刑罚。尤其是人道主义思潮的兴起,使这一趋向更为明显。中国已加入WTO ,法律面临着与国际接轨,刑罚轻缓化不仅与世界刑法改革的趋势相一致,而且也是我国目前刑事立法司法迫切要求。经济犯罪作为秩序犯、法定犯,与传统犯罪相比危害性小,轻刑的空间大,自然成为刑罚轻缓化中关注的焦点。本文尝试对经济犯罪刑罚轻缓化依据和途径作一些粗浅的探讨,望能对推动我国刑罚轻缓化进程有所裨益。

As regards the development of criminal penalty worldwide, the mitigation of the criminal penalties turns out to be an inevitable outcome resulting from its advancement, and furthermore, an important trend of the reform of criminal law. Under this influence, all countries are taking a generally milder approach to penalties, even with no exclusion of misdemeanors. The emergence of humanitarianism, in particular, has strengthened this phenomenon. With China's allession to the WTO, Chinese law is confronted with a challenge of achieving the compatibility with the international conventions. Therefore, the penalty mitigation is not only in conformity with the worldwide reform of criminal law, but also serves the urgent need of China's current criminal legislation and jurisdiction. The economic crime, as a statutory crime and a crime undermining the established order with comparatively less harmfulness, provides more accessibility to the application of mild penalties, and thus, becomes naturally a focus in terms of penalty mitigation. This essay, with a rather shallow approach to the foundations and manners of the penalty mitigation on economic crimes, hopes to make certain contribution to this great drive.