宽严相济刑事政策与检察工作

On the Criminal Policy of Temper Justice with Mercy and the Procuratorial Work

宽严相济刑事政策经历了从“镇压与宽大相结合”到“惩办与宽大相结合”再到“宽严相济”的历史发展过程,其传统内容“首恶必办,胁从不问,坦白从宽,抗拒从严,立功折罪,立大功受奖”不能适应时代需要,应予以重构。在检察工作中贯彻宽严相济刑事政策,要把握好“宽”和“严”两个方面,将有限的司法资源从轻微犯罪中抽身出来,集中投入到严重犯罪的预防和控制中去。

The criminal policy has experienced a developing course from ＂combination of repression with leniency＂ to ＂combination of leniency with punishment＂ to ＂temper justice with mercy＂ and its traditional content of ＂chief criminal must be punished but let off coerced accomplice, leniency to those who confess their crimes but severity to those who refuse to do so, offset guilty by merit and award those who perform great meritorious service＂ does not meet the requirement of the time and should be modernized. The two aspects of ＂temper＂ and ＂mercy＂ shall be commendably handled when the criminal policy of temper justice with mercy is implemented in procuratorial work in order to withdraw limited judicial resource from minor criminal cases and concentrate it in the prevention and control of severe crimes.