根据特殊历史时期的具体情况,我国有制定相应的刑事政策以指导具体司法的实践,特别是刑事诉讼方面的传统。虽然在一定程度上和一定时期内维护了社会稳定,保障了经济的高速发展,但是随着人权入宪和法治社会理念的提出,以“严打”政策为核心的刑事政策在推行过程中面对的质疑也越来越多,在对待打击犯罪和保障人权问题上的矛盾日益凸显。因此,有必要在理论上重新审视现行刑事政策在法治改革中的诸多价值判断,本着与时俱进的思想反思理论基础,发展指导理论,改革刑事政策以适应法治现代化建设。 According to the specific circumstances in the special historical period, our country has formulated corresponding criminal policies to guide the practice of specific judiciary, especially the tradition of criminal procedure. Although maintaining social stability to a certain extent and for a certain period of time and ensuring the rapid economic development, with the introduction of human rights into the Constitution and the concept of a society under the rule of law, the criminal policy centered on the “strike hard” policy has been implemented More and more questions are being confronted, and the contradictions in the fight against crime and the protection of human rights have become increasingly prominent. Therefore, it is necessary to reexamine the many value judgments of the current criminal policy in the rule of law reform in theory, reflect the theoretical basis of the thinking of advancing with the times, develop the guiding theory and reform the criminal policy so as to adapt to the modernization of the rule of law.