罪责刑相适应原则的理论构建

Theoretically Reconstructing the Adaptability Principle of Crime,Responsibility and Penalty

罪责刑相适应原则不是简单的罪刑均衡 ,而是以刑事责任概念为纽带 ,把罪刑相适应原则和刑罚个别化原则有机结合起来。其中 ,刑罚的轻重与犯罪人所犯“罪行”相适应 ,肯定了罪刑相适应原则的基本内容 ;刑罚轻重与犯罪人所承担的“刑事责任”相适应 ,吸收了刑罚个别化原则的合理成分。罪责刑相适应原则使刑罚的适用既注重犯罪行为又兼顾犯罪人。犯罪行为、犯罪人和刑罚之间的关系表现为 :犯罪行为决定一个与其危害程度相适应的公正的刑罚幅度 ,犯罪人的人身危险性大小在此幅度内调节刑罚的轻重。

The adaptability principle of crime, responsibility and penalty is not a simple balance among them, but an organic combination of crime-punishment adaptability principle and specific penalty principle with the bridge of the criminal-liability concept, i.e. the adaptability between punishing yardstick and 'crime' conducted by criminals, identifies the major content of crime-punishment adaptability principle, and the adaptability between punishing yardstick and the criminal's 'criminal-liability' absorbs the reasonable elements in specific principles of punishment. The principle can highlight the importance of criminal conducts and of criminals in applying punishment. The relation among criminal conduct, criminal and penalty is shown from the fair punishment range decided by the criminal conduct and its extent of injury, in which the personal danger of criminals can adjust the penalty yardstick.