论刑罚个别化原则的根基和属性——一种多视角的分析与考察

近年我国刑法学界,刑罚个别化原则正日益引起学者的广泛关注和深入研究.刑罚个别化原则有其内在的合理根基它在方法论基础上得益于近代犯罪学对刑法学的推动;在伦理内涵方面体现了人性关怀;在价值追求中实现了公正圆满.刑罚个别化原则不仅仅是一个量刑原则或刑法原则,而且是一个重要的刑事政策原则.

Basis and Nature of Principle of Individualization of Penalty: A Multiperspective Analysis

In recent years, the principle of individualization of penalty has won increasing attention from scholars of criminal law in China. The principle has its inherent rationality:it takes the advancement of positive criminology as its methodological basis;it embodies humane care as its moral foundation;it has perfect justice as its value implication.The principle of individualization of penalty relates not only to penaty measure or criminal law but also to criminal policy.