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准确判断刑罚的轻重,是恰当地修改刑事立法和调整刑事政策的重要基础。对现行刑法规定的法定刑结构的定量分析发现,澳大利亚的法定刑重于我国;我国台湾地区以及日本、德国、瑞典、挪威和加拿大的法定刑则轻于我国。对司法实践中适用的刑罚轻重的比较,尤其是对适用缓刑、罚金刑、非监禁性处分的分析和比较发现,上述地区及国家适用的刑罚的结构均轻于我国。鉴于我国的刑罚已经较重,在未来的刑事立法和司法实践中,应当谨慎使用刑罚资源。
Accurately judging the severity of penalties is an important basis for properly modifying criminal legislation and adjusting criminal policies. The quantitative analysis of the statutory sentence structure stipulated in the existing criminal law finds that the statutory sentence in Australia is more important than our country. The legal punishment of Taiwan in our country, Japan, Germany, Sweden, Norway and Canada is less than that of our country. The comparison of the penalties applicable in judicial practice, especially the analysis and comparison of applicable probation, fine punishment and non-imprisonment punishment found that the structure of penalties applicable in the above regions and countries are lighter than that of our country. In view of the heavy penalties in our country, we should use the penalty resources cautiously in the future criminal legislation and judicial practice.