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特殊减轻制度是理性刑罚观念的体现,是实现量刑个别化的重要保障。为规范特殊减轻权的行使,我国现行刑事法规定了严格的核准程序。经实证调研发现,这一制度的实施情况不容乐观,其功能也未能充分发挥。其中立法的缺陷是一重要的原因。在规范分析该制度的基上,建议从实体和程序两方面进行完善:合理界定案件的特殊情况、修正法定刑的概念以确定减轻刑的基准、重新配置复核权和加强相关诉讼制度的建设。
The special relief system is the embodiment of the concept of rational punishment, which is an important guarantee for the individualization of sentencing. In order to regulate the exercise of special mitigation rights, China’s current criminal law stipulates a strict approval procedure. The empirical research found that the implementation of this system is not optimistic, its functions have not been fully realized. One of the defects of the legislation is an important reason. Based on the normative analysis of the system, it is suggested that the improvement should be made in both substantive and procedural aspects: to rationally define the special circumstances of the case, to amend the concept of legal punishment to determine the benchmarks of mitigation, to reconfigure the reviewing powers and to strengthen the construction of related litigation systems.