改革开放四十年:刑事政策的里程碑

Reform and Opening up in Four Decades: a Milestone of the Penal Policy

改革开放四十年,中华大地发生了感天动地的伟大变革。我国社会从封闭到改革开放的可喜发展历程,也是从极端压制性的权力刑事政策发展到人权保障与惩罚犯罪并重的权利刑事政策的伟大历程。第一部刑法典的颁布,结束了刑事政策替代刑法的法律虚无主义时代;修订刑法典的颁布,使保障公民自由的罪刑法定成为刑事政策的藩篱;宽严相济刑事政策的推出,有力纠正了片面"严打"倾向。党的十八大以来,全面推进依法治国,敢对沉疴顽疾下猛药,人权保障取得重大进步。整个社会对自由、平等、公正、法治之核心价值已形成共识,保障公民自由和权利,成为刑事政策的强音。当然,复杂多元的社会现实使得刑事政策的发展,永无止境。

Reform and open-up policy has dramatically changed China socially and legally in four decades.The gratifying development course of China's society from the close to the reform and opening up is also the great evolution from the extremely repressive penal policy to the one of human rights protection and punishment.The promulgation of the first criminal code ended the era of legal nihilism when penal policy replaced criminal law.The revised criminal code of 1997 has embodied the principle of legality as fence reining penal policy.The penal policy combining both leniency and severity has rectified the negativeness caused by penal policy of punishing criminals more harshly and more quickly.Since the 18th national congress of the communist party of China(CPC),the rule of law has been comprehensively promoted and series of bold measures has been taken to deal with the long-standing problems.And the guarantee of human rights has also made significant progress.A consensus on the core values of freedom,equality,justice and the rule of law has been reached by the whole society.However,there will be no end for reforming penal policy in view of social complicatedness and diversity.