刑罚人道主义探析

刑罚人道主义及其原则作为折射刑罚文明程度的尺度使刑罚越来越具有人性、仁爱的特性,并且已成为了历史发展的必然趋势和国际社会的共识。它强调,犯罪人也是人,也有其尊严和独立人格,对犯罪人的任何非人待遇均是反人道的。但在中国的刑罚实践中,与刑罚人道主义原则相抵触的现实状况不容乐观,因此,有必要从法学研究的角度对刑罚人道主义的基本理念进行梳理,探讨刑罚人道主义的根本内涵和实现途径,从而推进中国的刑罚法治化进程。

Brief on the Princple of Penalty Humanitarianism in our Country

As the standard of reflecting the penalty civilization level, the penalty humanitarianism and its principle makes the penalty more and more benevolent and it becomes the historical trend and common recognition of international society. It emphasized that the criminal is human as well others that has its dignity and independent personality. Any inhumane treatment to the criminal is counter-humanity. However, considering the penalty practice in China, it is no doubt that the violation of penalty humanitarianism is very serious. So it is necessary for us to research the penalty humanitarianism basic principle and connotation as well as the achieving way from legal angel, thereby advances the process of penalty legalization in China.