刑罚反制罪名——罪刑关系的发展与反思

Penalty Constraints Crime——Changes and Reflection about the Relationship between Crime and Punishment

在罪刑关系中,罪名与刑罚之间相互影响、相互制约,不是单向的决定与被决定的关系。刑罚制约罪名满足了实践上罪名界分、政治判断、政策诉求、实质公正及变革法律方法的需要。刑罚反制罪名与传统罪刑关系论相背,需对其司法适用予以合理规范。在适用范围上应限于疑难案件,在适用标准上不能背离刑法基本原则。

The relationship between crime and punishment is mutual restraint, not one-way relationship. Penalty Constraint Charge is in line with the Principle of Legally Prescribed Punishment for a Specified Crime and the Principle of the Balance between Crime and Punishment, also consistent with policy consideration and political judgment. Penalty Constraint Charge does not match the traditional relationship between crime and punishment, so it should be very cautious and reasonable standarded.