我国刑罚体系改革的现代化坐标:以检视主附加刑模式为支点

Reflections on the Main and Additional Penal System with the Modernization Reforms of the Penal System in China

刑罚体系改革是刑罚制度改革的基点与核心。主附加刑模式存在诸多缺陷。应根据犯罪分层理论建立以自由刑和财产刑为主的轻重自然人刑罚体系。独立的法人犯罪刑罚体系可以参照自然人刑罚体系规定刑种及轻重。应发挥广义保安处分制度的整合性机能,与改革后的传统刑罚体系融合为二元刑罚制裁体系。

The core part of penalty reform is the penal system. The main and additional penal system has many defects. It is reasonable to establish a new natural person penalty system with freedom and property penalty as the severity based on the crime stratification theory. An independent legal corporation penalty system with severity is capably constructed by referring to natural person penalty system. It is necessary to play full use of the general security measures system, which is integrated with the reformed traditional penal system into a dual penal sanctions system.