短期自由刑改革方式比较研究

Comparative Study on the Reformative Approach of Short-term Punishment against Freedom

在短期自由刑的利弊问题上折衷说是科学的。对待短期自由刑的科学态度是 :保留但应予以改革完善。短期自由刑的改革已经成为当代世界各国刑法改革运动的重要组成部分。世界各国在短期自由刑改革问题上主要存在两种方案 :一种是替代型方案 ;另一种是完善型方案。我国当前应从以下几方面进行改革 :建立短期自由刑易科非监禁刑制度 ;完善刑事犹豫制度 ;变通短期自由刑的传统执行方式。

The eclecticism about the advantages and disadvantages of short-term punishment against freedom is scientific. The scientific attitude towards the short-term punishment against freedom is to retain but to reform and improve it. The reform of short-term punishment against freedom has become the important component part of the worldly criminal law reform of many countries. As to the reforming issues of the countries in the world, there are mainly two ways: one is substitute; the other is improvement. China should conduct the reform in the following aspects: to establish the system of alternative imposition of non-imprisonment punishment of short-term punishment against freedom, to perfect the system of criminal hesitation, and to vary the traditional ways of executing short-term punishment against freedom.