析《刑法修正案(九)》中的宽与严

Analysis of the Leniency and Strictness in the Amendment(Ⅸ)to the Criminal Law

《刑法修正案(九)》中对宽严相济刑事政策的回应,其"宽"体现在刑法规范继续走在消减死刑的路上和对贪污贿赂犯罪从宽情节的增加;其"严"体现在罚金刑的扩大适用及刑法规范对应时性的关注。总体来看,《刑法修正案(九)》是谨严的,但应当以发展的刑法观的立场来看待修正案本身:既要认清我国的立法现状,也要坚守立法的基本底线,更要稳定性和与时俱进并重。

The Amendment（IX）to the Criminal Law has responded to the criminal policy of combination ofleniency and strictness, and the ＂leniency＂ embodied in the criminal law norms continue to walk on the road toreduce the death penalty and the increase of embezzlement and bribery crime from the plot; its ＂strictness＂ em-bodies in the expansion of the fine punishment and the corresponding of criminal law to the times. Overall, theamendment（IX）to the criminal law is strict, but it shall be known on the concept of criminal law of the develop-ment. People need to realize the legislative status of our country, its bottom line and paying equal attention tostability,and advancing with the times.