“坦白从宽、抗拒从严”应当坚持

Adhere to " Leniency to Those Who Confess to Their Crimes and Severity to Those Who Refuse to

“坦白从宽、抗拒从严”是一项十分重要的刑事政策。几十年来 ,在贯彻中收到了明显的实效。目前 ,在讨论赋予犯罪嫌疑人、被告人沉默权时 ,有的学者认为应当废除这一刑事政策。该文认为 ,“坦白从宽、抗拒从严”的刑事政策还应当继续贯彻 ,并且在理论与实践的结合上 ,进行了深入探讨。

Leniency to those who confess their crimes and severity to those who refuse to' is an important criminal policy. The implementation of it has had an obviously practical effect in the last decades. A few of scholars have put forward recently that the policy should be invalidated in the course of the discussion of entrusting to the suspect and the defendant the right of being reticent. In this paper, the author suggests this policy should be implemented continuously and delves deeply into it from the view of the combining of theory and practice.