刑事政策与管制刑改革

刑事政策对刑事司法实践具有极强的指导性和影响力。经过近半个世纪的发展沿革,我国形成了内涵特定的“宽严相济”刑事政策。结合倡导非监禁刑的刑罚轻缓化的时代背景看,这种刑事政策给有着社会化、家庭化、人道化等特点的管制刑营造了难得的改革契机。在下一步的修改完善中,不但需要根据“宽严相济”刑事政策要求来设置管制刑,而且还应当在非监禁刑改革中依法适当扩大适用管制刑。

Criminal Policy and the Revolution of the Control Punishment

Criminal policy has an important guiding and influential role in the criminal judicial practice. We have established specific criminal policy of “combining punishment with leniency after a half century′s development and revolution. The criminal policy of ”combining punishment with leniency′s has an unprecedented oppor- tunity in the revolution of the control punishment of the social, homely and humanly character in the background of advocating the ease of no - imprisonment punishment. In the next step of the amendment and improvement, not only the control punishment should be established according to the criminal policy of “combining punishment with leniency”, but also the scope of the application of the control punishment should be expanded in the revolution of the no-imprisonment punishment lawfully.