宽严相济刑事政策应对突发公共卫生事件——以新冠疫情为例

Criminal Policy of Combin-ing Leniency with Severity to Deal with Public Health Emergencies—Taking the COVID-19 Epidemic as an Example

刑事政策具有防止犯罪、化解社会风险的价值。宽严相济刑事政策是我国最基本的刑事政策,其具有科学的思维方式。传统的宽严相济刑事政策面临适用困境,应当结合实际情况严格控制其适用。毋庸置疑,宽严相济刑事政策对疫情背景下的刑事立法和司法起到了重要的指导作用,这是对我国总体防疫政策和非典疫情防控政策的延续。其在新冠疫情背景的贯彻,也引发对突发公共卫生事件的刑事政策确立和实施。探讨宽严相济刑事政策的影响因素对犯罪分子的定罪量刑以及维护社会稳定、惩治犯罪有着重要的作用。

Criminal policy has the value of preventing crime and resolving social risks. The criminal policy of combining leniency with severity is the most basic criminal policy in China, which has a scientific way of thinking. The traditional criminal policy of combining leniency with severity is facing the dilemma of application, and the development model of criminal policy should be implemented. The development model of criminal policy requires that the just cause be extended in reality and the scope of application should be strictly controlled in combination with the actual situation. Undoubtedly, the criminal policy of combining leniency with severity has played an important guiding role in criminal legislation and justice under the background of epi-demic situation, which is the continuation of China’s overall epidemic prevention policy and SARS epidemic prevention and control policy. The implementation of the criminal policy of combining le-niency with severity in the context of the epidemic in COVID-19 also triggered the establishment and implementation of the criminal policy for emergencies. It is of great significance to discuss the influencing factors of the criminal policy of combining leniency with severity for the conviction and sentencing of criminals.