我国刑罚轻缓化的困境与出路

Predicament and Way Out of Penalty Mitigation in China

我国刑罚由重刑化向轻刑化演变,刑罚轻缓化已经成为当下及未来的必然趋势。目前,我国仍面临着刑罚结构、刑罚裁量倾向于重刑,以及刑罚执行不完全适用等现实困境。应通过减少死刑罪名、削减不合理的自由刑配置,以及完善罚金刑的配置来实现刑罚种类的轻缓化;通过减少死刑的适用、扩大非监禁刑和缓刑的适用来达到刑罚裁量的轻缓化;通过增加假释来实现刑罚执行的轻缓化。

With the development of the times,the penalty of our country is evolving from heavy punishment to light punishment;therefore,penalty mitigation has become an inevitable trend in the present and future.At present,our country still faces the realistic predicament that penalty structure and penalty discretion tend to the heavy punishment,and that penalty execution is not completely applicable.Therefore,by reducing the crimes of death penalty,reducing the unreasonable allocation of free punishment,and improving the allocation of fine punishment,the lightening of penalty types can be realized;by reducing the application of death penalty and expanding the application of non-imprisonment penalty and suspended sentence,the discretion of penalty can be lightened;by increasing the parole,the implementation of penalty mitigation can be done.