我国台湾地区宽严并进的刑事政策与刑法修正

The Effects of Combination of Hard Criminal Policy and Soft Criminal Policy upon Amendment of Criminal law in Taiwan

我国台湾地区在宽严并进的刑事政策的指导下进行了刑法典的修正,此次修正在废、改、立条文的数目、理论突破的层次等方面均为其历来刑法典修正之最。将其刑法典的修正按照从宽、从严的刑事政策两个角度进行归纳、剖析,分析相关的罪数理论、罪刑平衡的观念、“三振出局制度”的应用、重刑主义以及死刑的废除等问题,可以看出指导此次台湾刑法修正的宽严并进的刑事政策尚有阙如。

The criminal code of Taiwan has just been amended under the direction of combination of the hard criminal policy and the soft criminal policy. The big number of Articles abolished, altered and created and the high level of theory broken through are all unprecedented in this amendment If analyzed respectively in perspective of the principle of lesser punishment and the principle of heavier punishment in terms of its theory of plurality of crimes, its conception of balance of crimes with punishments, the belief of severe punishment and the issue of abolition of the death penalty, it is evident that the combination of hard criminal policy and soft criminal policy is not fully embodied in this amendment.