法治视野下的宽严相济刑事政策探究——以检察机关刑事司法实务为着力点

Research on the Criminal Policy of Combining Punishment with Leniency within the Frame of the Rule of Law——Based on the Criminal Judicial Practice of the Procuratorial Organs

随着刑事政策的不断调整、刑事司法的持续充实补充,中国刑事政策经历权力演变分化,由重刑化向轻缓化逐步转变,具体刑事政策内容随着社会转型时期需求和刑事司法实践需要发生着更迭变迁,当前的宽严相济刑事政策顺应时代发展要求,其内容在涵盖依法治国法治精神的同时,党的十八大又赋予其新的历史使命。在法治进程中进一步梳理和协调法治与刑事政策的关系,成为改革的重要课题之一,作为法律监督的主体,检察机关更应当认真履行检察职能,在刑事司法工作中全面贯彻落实宽严相济刑事政策,做到宽宽严严,宽严适度,维护社会公平正义。

With the evolution of organ of state power and the implement of criminal policy, Chinese criminal policy experience power evolution differentiation, by the severe punishment and gradually changed to mitigation, the concrete criminal policy content along with the social trans- formation period demand and criminal judicial practice need alternationchange occurs, the current criminal policy of combining punishment with leniency conform to the development of the times the content of the rule of law, fitting the new mission decided by the 18th National Congress of Communist Part of China. Further comb and coordination relationship between rule of law and the criminal policy in the rule of law in the process, became one of the most important task for the reform, as the main body of legal supervision department, should conscientiously perform their prosecutorial functions, in the criminal judicial work comprehensively implementing the criminal policy of temper justice with mercy, maintain the justice of the society.