刑罚退出机制实践运行的原则遵循

The Principle of Practical Operation of Penalty Withdrawal Mechanism

刑罚退出机制应贯彻于刑事程序运行的全过程,并不局限于刑罚裁量与刑罚执行环节,而应该从刑事立案侦查时就贯彻其中。刑罚退出机制是刑罚规范运行的产物,需要结合刑罚的有限性、必要性和有效性予以审查判断。刑罚退出机制与罪刑法定、罪责刑相适应、刑法谦抑性和社会相当性等原则存在价值契合,应结合上述原则来夯实刑罚退出机制的理论基石并深刻把握刑罚处罚的审慎性,并在原则背后的价值遵循之中探寻刑罚退出机制的实践运行。

The penalty withdrawal mechanism should be implemented in the whole process of criminal procedure operation,not limited to penalty discretion and penalty execution,but should be implemented from the time of criminal case filing and investigation.Penalty withdrawal mechanism is the product of penalty standard operation,which needs to be reviewed and judged in combination with the limitation,necessity and effectiveness of penalty.There is a value fit between the penalty withdrawal mechanism and the principles of legality of crime and punishment,adaptation of crime and punishment,modesty of criminal law and social equivalence.We should consolidate the theoretical cornerstone of the penalty withdrawal mechanism in combination with the above principles,deeply grasp the prudence of penalty punishment,and explore the practical operation of the penalty withdrawal mechanism in the value compliance behind the principles.