两极化刑事政策之批判

Critique of the Polarized Criminal Policy

近年来我国不少学者积极倡导美国的两极化刑事政策。20世纪70年代产生于美国的两极化刑事政策有其特殊的背景和成因,它是对过度的矫正刑运动的反思与调整,重刑主义是其重心和实质,在理论上存在难以克服的矛盾和错乱。两极化刑事政策并非多数国家普遍奉行的刑事政策,即使在美国也不是一项长久持续的刑事政策。两极化刑事政策既不符合我国刑事法治的现实需要,也与我国目前提倡的宽严相济刑事政策相违背。我国不宜实行两极化刑事政策。

In recent years, quite a few scholars of our country actively advocate the polarized criminal policy of the United States. The polarized criminal policy of the United States which began in the 1970s was the result of its special backgrounds, and its aim is to correct the abusement of the rehabilitation model in the criminal justice. The policy lays emphasis on tougher punishments on crimes, and is self - contradictory in theory. In fact very few countries put it into practice, and even in the United States it is not a permanent criminal policy. The polarized criminal policy has conflicts not only with the needs of the criminal law practice of our country but also with the criminal policy of combination of leniency and harshness. Therefore, our country should not follow the polarized criminal policy.