论法治视野下刑罚权适用的理性限制

On the rational restriction of power of punishment application in the field of vision ruled by law

刑罚权作为一种公权力带有扩张性,它的恣意适用会引起不良的社会后果。无论是从社会正义和人权保障,还是司法成本的高消耗性上法治社会都要求对其进行理性的限制。在理性限制的过程中必须坚守宪法精神的指导、罪刑法定原则和刑法谦抑性原则,接受宽严相济刑事政策的制肘。

As a public right,the power of punishment has the characteristic of infinite dilatation which could bring serious social results if it is used arbitrarily.So it must be restricted effectively to establish rule-by law society from the aspects social justice,human rights assurance and high cost of justice.In the process of rational restriction.we must insist on some basic principles, such as the direction of constitution spirit, accepting the principle of criminal policy of temper justice with mercy,and following the principle of legally prescribed punishment for a specified crime.