浅析罪责刑相适应原则

Analysis for the Principle of the Adjustment of Crimes,Responsibilities and Punishments

罪责刑相适应原则是我国刑法所确认的一项基本原则,它在我国刑事立法和司法实践中有着重要的地位。本文分别从"所犯罪行"与"刑事责任"两个角度阐述了与"刑罚轻重"相适应问题,从罪责刑相适应原则的含义、立法体现和对司法实践的指导意义上,提出并论证了以刑事责任为纽带,重新确立"罪———责———刑"三者的均衡关系的体制。

The adjusment of crimes, responsibilities and punishments is a to basic principle in China＇s criminal law, which is in an important position in China＇s criminal legislation and judicial practice. This article discusses the adjusment of crimes, responsibilities and punishments from two angles the ＂crimes＂ and ＂criminal responsibilities ＂. basing on the its concept and the guiding significance of legislative and judicial practice, it puts forward and proves the reestabishment of the sysytem ＂the adjusment of crimes, responsibilities and punishments＂ in balanced relationship.