刑罚的有限性、非连续性与量刑均衡

An Analysis of the Limitation and Non-continuity of Punishment and the Balance Measurement of Penalty

刑罚由轻到重排列成一个刑罚阶梯,阶梯的上限是死刑,而十五年有期徒刑与无期徒刑之间存在一个刑罚断层,即刑罚是有限的、非连续的。由犯罪行为和行为人的各种主客观事实情况所决定的刑事责任从轻到重构成一个刑事责任阶梯,由于任何危害程度的犯罪行为都可能发生,所以刑事责任阶梯是无限的、连续的。量刑均衡作为罪责刑相适应原则在司法中的体现,是"刑责均衡"而非"罪刑均衡",是"同责同罚"、"异责异罚"而非"同罪同罚"、"异罪异罚"。刑事责任的无限性、连续性及刑罚的有限性、非连续性决定了"异责同罚"的必然性,一定条件的"异责同罚"是量刑均衡的特殊表现形式。

The ladder composed of types of punishment is arranged from light penalty to heavy penalty,of which the ceiling is death penalty.However,there is a gap between imprisonment for fifteen years and life sentence,which means that criminal penalty is limited and intermittent.The ladder of criminal responsibility spreads from light punishment to heavy punishment,and the criminal liability is determined by subjective and objective facts of the criminal act and doers.As the extent of harm of the criminal behavior is uncertain,so the ladder of criminal responsibility is unlimited and continuous.The balance measurement of penalty is a reflection of the principle of suiting punishment to crime in judicial practice,it requires the balance measurement of criminal liability and punishment instead of the balance between crime and punishment,which means 'equal criminal responsibility for equal criminal penalty' but not 'equal criminal act for equal criminal punishment'.The need for 'different criminal responsibility for equal criminal penalty is based on the reasons alleged before and it's also the special manifestation of the balance measurement of criminal liability and punishment under certain conditions.