怀柔刑事政策的提倡与刑罚结构维新

Promotion of Conciliatory Criminal Policies and Reformation of Punishment Constitution

刑事政策制定与实施的目标是通过正确指导规范创设和刑罚裁量以满足社会遏制犯罪的需要。不同国家由于社会意识形态和法文化背景不同,在不同历史时期针对国内社会治安形势和犯罪态势的变化所确立的刑事政策就可能迥然相异。而刑事政策的选择与刑罚结构的构建具有不可分割的联系。和谐社会语境下,怀柔的刑事政策应当成为犯罪防控的主要战略。与此相应,刑罚结构也应当有以下一些实质性的调整:彻底废止死刑、社区矫正取代拘役和管制两种短期自由刑、废止没收财产刑并将罚金刑提升为主刑、扩展资格刑的内容。

The formulation and implementation of criminal policies aim to meet the needs of the society to curb crimes through correctly guiding establishment of codes and adjudication of punishment. Due to the different social ideology and legal culture background, different nations establish different criminal policies during different historical periods against the change of their domestic public security situation and criminal position. The selection of criminal policies is indivisible to building the criminal punishment constitution. Under the circumstances of the harmonious society, conciliatory criminal policies are supposed to be the main strategy of preventing and curbing crimes. Accordingly, the criminal punishment constitution should also make some substantial adjustment- thoroughly abolishing the death penalty,substituting detention and public surveillance, the two short- term deprivation of freedom,with community rectification, abolishing confiscation of property as well as promoting fine as a main punishment, expanding the content of punishments against competence.