论文部分内容阅读
重刑与轻刑是目前刑法修改中急需解决和统一的认识问题,鉴于认识上的偏颇和理论上的分岐,重刑与轻刑的讨论一直表现的十分激烈。笔者试图通过对我国现行的刑罚制度进行客观的评估,以论证我国现行刑罚体系的轻与重。略陈一孔之见,以求教于诸位。一、要辩证地看待重刑与轻刑应该肯定地说,重刑与轻刑二者之间既有区别,又有联系。从其区别看,重刑是指限制人身自由和剥夺生命的刑罚之适用范围过宽,或所实施的刑罚过重,即轻罪重罚。轻刑则与此
Excess and mild punishment is the problem that needs to be solved and reunified in the current revision of criminal law. In view of the biased and theoretical divergence of knowledge, the discussion of severe punishment and light punishment has been very fierce. The author attempts to objectively evaluate the current penalty system in our country to prove the light and heavy of the current penalty system in our country. Slightly Chen hole see, in order to ask for advice in you. First, we should look at the dialectical punishment and light punishment should be affirmatively said that there is both distinction between punishment and mild punishment, but also contact. Judging from the difference, tion means that the scope of application of the restrictions on personal freedom and deprivation of life is too wide, or that the penalties imposed are too heavy, ie, minor offenses. With light punishment and this