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正确的理念和原则、良好的社会环境是实施宽严相济刑事政策的基础保障。切实落实宽严相济刑事政策,当前应着力树立三个理念:一是准确理解和认识犯罪的预防和控制问题,坚持正确的犯罪控制观;二是正确理解和认识刑罚的严厉性和威慑力,坚持正确的刑罚功能观;三是坚持以人为本、保障人权的理念。应坚持五项原则:一是坚持罪刑法定原则;二是坚持罪责刑相适应原则;三是坚持平等适用刑法的原则;四是坚持主客观相统一的原则;五是坚持正当程序原则。而构建良好的社会环境,应正确处理司法机关依法独立行使司法权与党的领导、人大监督的关系,为宽严相济刑事政策的顺利实施创造良好的外部环境;尊重新闻自由,引导传媒客观报道,增强社会公众对宽严相济刑事政策的认同感;做好被害方的安抚工作,增强宽严相济刑事政策实施的社会效果。
Correct philosophy and principles and a good social environment are the basic guarantees for carrying out the criminal policy of temper justice with mercy. In order to effectively implement the criminal policy of strict and leniency, we should strive to establish three concepts: First, to accurately understand and understand the prevention and control of crime; to uphold the correct concept of criminal control; secondly, to correctly understand and understand the severity and deterrent force of penalties, Correct punishment concept; Third, adhere to the people-oriented, human rights protection concept. We should adhere to the five principles: First, to uphold the principle of legality of crimes and punishments; second, to adhere to the principle that crimes and punishments are compatible; third, to adhere to the principle of equal application of criminal law; fourth, to adhere to the principle of unifying subjectivity and objectivity; To establish a good social environment, we should correctly handle the relationship between the judiciary and the party’s leadership and oversight by the judiciary, and create a favorable external environment for the smooth implementation of the criminal policy of strict and lenientism. We should respect freedom of the press, guide the media to objectively report and enhance Public recognition of the criminal policy of temper justice with mercy; do well to appease the victims and enhance the social effects of the implementation of the criminal policy of temper justice with mercy.