论宽严相济刑事政策下我国拘役刑的完善

On the Detention Penalty's Improvement with the Criminal Policy of Alternate Leniency with Severity

拘役刑作为短期自由刑的一种,是刑罚种类由轻到重过渡的桥梁,然而在司法实践中,我国拘役刑的适用率普遍较低并且增速缓慢,有的学者甚至提出了废除拘役刑的主张。这种现状与当前我国宽严相济刑事政策的精神实质是极为不符的,也违背了当今世界刑罚轻刑化的发展趋势。因此,应当对我国的拘役刑进行完善,使其成为适应时代发展的刑罚种类。

The detention penalty is short-term imprisonment penalty types, which is a bridge that connects from light penalty to heavy penalty. However, in the judicial practice, detention penalty rates are generally low and slow growth in our country. Some scholars even proposed to abolish the detention penalty advocate. This present situation is very inconsistent with our current criminal policy of alternate leniency with severity spirit , and it is also against the current world＇s light punishment of criminal penalty development trend. Therefore, China＇s detention penalty should be improved, and make it adapt to the development of penalty.