论我国刑事政策的法治化

刑事政策在预防犯罪、控制犯罪方面起到一定的作用,但刑事政策具有灵活性、动态性和抽象性等特点,在执行的过程中易造成执行标准的不统一,甚至出现法外定罪量刑的情况。本文认为,刑事政策应通过刑事立法、司法和行刑三个方面的活动得以体现,实现刑事政策的法治化。

On the Transition of the Criminal Policy of China toward Rule of Law

Criminal policy has played some positive roles in preventing and controlling crimes. However, because of the flexibility, variability and abstractness existing in criminal policy, the standards supposed to be followed in carrying out the said policy in practice may be inconsistent with each other and to some extent, may result in conviction and penalty determination made out of law. Thus, the author maintains that criminal policy should be embodied in legislation, justice and execution for the purpose of bringing it within the line of rule of law.