论犯罪形势与刑罚轻缓化

On Crime Situation in China and the Mitigation of Penalty

目前我国犯罪形势非常严峻,尤其是重大责任事故类犯罪与暴力犯罪特别突出。有学者因此反思严打政策,并主张刑罚轻缓化,认为刑罚轻缓化是刑罚发展的必然趋势。然而,刑罚轻缓化的概念并不明确,刑罚轻重取决于罪行轻重,现代刑罚的本质特征依然是严厉性、痛苦性,只不过是刑罚方式发生了改变,刑罚并没有轻缓!刑罚的发展变化最终由刑罚的本质所决定,不应随什么潮流或者趋势。应对目前严峻的犯罪形势,必须坚持罪刑法定、适用刑法人人平等、罪刑均衡三大基本原则。

At present, the crime situation in China is austere, especially about crime of negligently causing a serious accident and violence. Some authors reflected on the criminal policy and proposed the mitigation of penalty which would be a development trend of penalty. However, the conception of penalty mitigation is not clear. Since penalty degree rests with the crime degree, the basic characteristic of modem penalty is still harsh and painful. Even though punishment manners have been changed, penalty is not mitigated! The development of penalty lies on the penalty essence ultimately, not following a tide! To cope with the crime situation, we should insist on the principles of penal law.