通过程序实现"宽严相济"刑事政策

刑法的适用,刑事政策的贯彻,需要通过一定的程序.为实现宽严相济刑事政策,应当增强程序柔性;应当提高程序的个体参与性;应当增强程序的独立性;应当增强程序的多样性;应当提高内部工作程序制度的合理性;应当增强最严重犯罪案件司法程序的严格性.

Alternating Leniency with Severity in Criminal Policies through Procedural Measures

The application of criminal law and the implementation of criminal policies need to be done through certain procedures. The establishment and operation of criminal procedure can greatly influence the implementation of criminal policies. In order to alternate leniency with severity in the implementation of criminal policies, we should increase the elasticity of our procedure, and promote consultation in judicial practice; increase the participation of individuals, and decrease the negative effects of criminal punishment on petty crime through composition procedures; promote the independence of judicial organizations so that they can effectively implement criminal policies; increase the variety of procedures, establish a special trial system for juveniles; promote the rationality of the operation procedures of judicial organizations, and prevent excessive case filing, excessive prosecution and excessive criminal punishment; in-crease the strictness of judicial procedures on the severest crimes, reform death penalty procedures and relative procedures, so as to reasonably alternate leniency with severity.