论刑事政策视域里的“严”与“厉”

The criminal policy vision of "tight" and "severe"

将"严"与"厉"的几种语义组合置于刑事政策学语境里表达的"严而不厉"、"厉而不严"、"不严不厉"、"既严且厉"其实就是几种刑事政策思想、模式。著名刑法学家储槐植教授曾经为我国刑法设计过"严而不厉"的刑事政策思想,相当精到,值得借鉴。然而,世势国情已然变化,犯罪化与非犯罪化的两极发展及与之相应的刑事政策的两极化倾向亦渐成大势:表现在某些领域采取较为严厉的刑事政策是为"重",某些领域采取较为宽松的刑事政策是为"轻"。针对这种情况,亦需要对"严而不厉"的刑事政策思想、模式作出适当的调整,具体的设计方案应是:坚持"严而不厉"的总体模式,兼采"既严且厉"(重),"不严不厉"(轻)。

＂strict＂ and ＂severe＂ some combination of semantic Policy under criminal context may be expressed as ＂strict without severe severe and non-strict＂ and ＂light and loose＂ and ＂both tight and severe＂ .In fact,that is several criminal policy thinking or pattern. Famouse criminal law experts, Professor Chu Huai-zhi has been designed for China＇s criminal law, ＂strict but not harsh＂ the criminal policy thinking is worth learning. However, the situation has been changing world situation, crime and crimes of non-polarization and the corresponding development of the criminal policy of polarization tendency has become the general trend： in some of the more active in the field of criminal policy is to ＂severe＂ In some areas to take a more lenient criminal policy of ＂loose＂ In view of this situation, the need for ＂strict but not harsh,＂ the criminal policy ideas should be made appropriate adjustments to the model that is：＂strict but not harsh＂the overall pattern of ＂both strict and severe＂ and ＂light and loose＂.