刑法与平等简论

A Brief Comment on Criminal Law and Equality

平等原则作为人类的美好梦想由来已久。在我国春秋战国时期所产生的"刑无等级"、"法不阿贵"以及"王子犯法与庶民同罪"的思想,对后世与今世的人们都产生了深刻的影响"。每个人都生而自由平等"这是资产阶级启蒙思想家的名言。正确地理解刑法中规定的平等原则,无论对于定罪、量刑抑或行刑都具有非常深远的意义。因此,无论是过去、现在还是将来,为了更好地实现刑法上规定的平等原则,我们都必须对此有一个全面而科学的认识。

Principle of equality,which is regarded as a wonderful dream for human beings,has been existing for a long time.The thought that there is no difference for everybody faced with the criminal law;that the does not protect the powerful persons and that if the potentate breaks the law,he will receive the same punishment as he is an ordinary person,will have a profound influence on people,present or unborn.That everyong is born free and equal is a well-known saying of the bourgeoisie initiation thinker.For conviction,measurement of penalty or execution,it will have a great historical significance to correctly understand the principle of equality according to the criminal law.Therefore,no matter in the past,at present,or in the future,we must have an overall and scientific recognition about it in order to carry out the principle of equality in criminal law better.