摘要
我国的刑罚体系不但不是有些学者所称谓的重刑结构 ,反而失之过轻。轻刑化的趋势并不意味着可以超越时代与国情盲目追求刑罚的轻缓。现行刑法的轻刑主义倾向应当通过刑罚制度的调整与完善加以矫正 ,否则 ,刑罚的功能发挥将受到不当抑制 。
Contrary to the position of some legal experts, in the author's opinion, the criminal law system of China is not one that stresses heavy punishment, instead, it is characterized by light punishment. The tendency of light punishment in world's law system does not necessarily mean that China, regardless of its special situation, should also pursue such a goal.The tendency of light punishment in China's present criminal law should be corrected through the adjustment and perfection of the criminal law system, otherwise, the function of criminal law cannot be brought into full play, thus the realization of the aim of criminal law will also be impacted.
出处
《山西农业大学学报（社会科学版）》
2004年第4期311-313,316,共4页
Journal of Shanxi Agricultural University:Social Science Edition
关键词
刑罚体系
刑罚目的
轻刑主义
Criminal law system
Aim of criminal law
The practice of relatively light punishment in criminal law system
