刑法起刑点的降低——以劳动教养制度的废止为切入点的思考

The Drop of Starting Point of Penalty in Criminal Law——A Consideration on Abolishment of Re-education through Labor System

在劳动教养制度被废止后,合理而恰当地处理劳动教养制度废除与刑法惩罚范围调整的关系,是值得高度关注的问题。当前我国刑法所维持的起刑点,由于并没有使得各种法益得到完整而有效的保护,最终会导致刑法保护的有效性虚假、预防效果缺失以及法律权威与信誉的丧失等严重问题。降低我国刑法的起刑点,有着历史文化传统、社会现实需要以及刑法实践趋势等多方面原因的支持。在将刑法的起刑点不断降低以扩大我国刑法惩罚的范围的前提下,劳动教养措施刑罚化才是理所当然和水到渠成的。据此,刑法的发展与劳动教养制度的改革便有了契合点和交汇点,由降低刑法起刑点推动劳动教养制度改革则可成为一种理所当然的选择。

After re - education through labor system was abolished, how to rationally and properly address relations between abolishment of re - education through labor system and adjustment of scope of criminal penalty is a problem which deserves high attention. Currently, because starting point of criminal penalty can not protect kinds of legal rights in a complete and effective way, protection, lack of precaution effect and loss starting point of criminal penalty are supported so it will result in such serious problems as false validity of criminal of legal authority and honor. The reasons why we need to reduce by historical and cultural traditions, social and practical needs and criminal practice tendency. On the premise of continually decreased starting point of criminal penalty and enlarged scope of criminal penalty, penalization of re - education through labor measures is a natural thing. Therefore, to promote the reform of re - education through labor system from reducing starting point of criminal penalty can become a natural choice, with combination of development of criminal penalty and reform of re - education through labor system