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在国外刑事立法中已有罪分轻重的规定,我国刑事法中也存在隐性的罪分轻重,但相互之间多有冲突。基于统一立法中罪等划分标准、遏制刑罚攀比以及为实现轻轻重重刑事政策的需要,我国应该在刑法中明确规定罪等划分条款。罪等划分的依据有两种:一是实质性按罪的社会危害性、人身危险性对罪等进行划分;二是基于法定刑做形式上的划分。在我国,以五年和十年作为标准将罪分为三等较合适。根据该划分标准,我国刑事实体法和程序法应做一系列调整。
In foreign criminal legislation has been guilty of the severity of the provisions of our criminal law there are also hidden guilt, but there are many conflicts. Based on the criteria of division of crime such as uniform legislation, curbing the comparisons of penalties and the need of realizing mild and heavy criminal policies, China should clearly stipulate such provisions as criminalization. Crime and other divided on the basis of two kinds: First, the substantive crime according to the social hazards, personal danger of crime, etc. are divided; second is based on legal punishment to do the formal division. In our country, it is more appropriate to divide the crime into thirds and so forth on the basis of five years and ten years. According to the standard of division, China’s criminal substantive law and procedural law should make a series of adjustments.