宽严相济刑事政策引导下的贪贿类司法解释评析及完善

刑事政策催生刑事立法的问世,不同时期的刑事立法也是顺应刑事政策的结果呈现.宽严相济的刑事政策既是刑事立法的指导思想,又是评判立法科学和司法公道的标尺,在该刑事政策的映照之下,贪贿类犯罪的司法解释,既彰显远见卓识,又难掩其瑕疵缺憾可能致使刑事司法陷入进退两难的尴尬境地.基于现存问题和法治化思维,需要从体系化视角出发提高法律运用的协同性,严格把控量刑情节,合理适用终身监禁制度,引入保安处分措施等,实现司法解释的效益最大化,达到公正处罚贪污、贿赂犯罪的价值目标.

The Comment and Perfection on the Judicial Interpretation of Embezzlement and Bribery under the Guidance of Temper Justice with Mercy Policy

Criminal policy midwifes the appearance of criminal legislation, criminal legislation in different period is also the representation adapting to the criminal policy. The criminal policy of tempering justice with mercy is not only the criterion of the guidance of criminal legislation but also the scale of estimating that the legislation is science and that judicature is justice. Comparing with the criminal policy, the judicial interpretation of embezzlement and bribery manifests its forethought, and also expose its defects, which may make the criminal judicature fall into the embarrassment of a dilemma. Under the guidance of criminal policy, based on the present problem and thinking under the rule of law, we should improve the collaboration when applying the law from the systematic perspective, strictly apply when it comes to the circumstance for sentencing, reasonably use life imprisonment without parole, introduce the system of security measures and so on, fully realize the benefit of the judicial interpretation, and achieve the goals of punishing embezzlement and bribery fairly.