论刑罚轻缓化的实现机制

On Realized Method about the Light and Slow Penalty

宽严相济是新的历史时期我国基本的刑事政策,刑罚轻缓则是宽严相济刑事政策的核心。在世界各国刑罚整体轻缓的今天,削减死刑罪名,优化刑罚结构,对无被害人犯罪作非罪化处理是刑罚轻缓在立法层面实现的关键;而严格限制死刑的适用,扩大非监禁刑的适用范围,完善非监禁化措施,开展社区矫正,实现行刑社会化,则是刑罚轻缓在司法层面实现的重要内容。

Our The light and slow present basic criminal law policy is the harmonization of wide and strict penalty. penalty is the core of the harmonization of wide and strict penalty. Today, the penalty in various countries is light and slow. It is the realized key legislatively about the light and slow penalty that reduces death penalty charge, perfects the structure of penalty and processes non- crime to the non-victim crime. It is the important content on judicial aspect about the light and slow penalty that limits death penalty strictly, expands the applicable scope of the non-imprisonment punishment, perfects non-imprisonment measure, develops community rectification and realizes the socialization of execution punishment.