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“刑罚如双刃之剑,用之不得其当,则国家与个人两受其害。”全球轻刑化趋势以及人权运动的高涨,使得非刑罚化和非犯罪化成为当今世界刑法改革的两大主题。但我国由于受传统的“刑罚万能”观念的影响,重刑化趋向明显,非刑罚化改革步履维艰,且我国虽有非刑罚处罚方法的规定,司法实践中却较少的采用乃至虚置,因此需要在分析现阶段我国非刑罚处罚方法的现实窘境基础上,进一步探究推进非刑罚处罚方法的现实路径。
“Penalties such as the sword of the double-edged sword, the use of the blame, the country and the individual suffered two. ” The trend of global light punishment and the rise of the human rights movement, making non-penalization and non-criminal reform of the criminal law in today’s world The two major themes However, due to the influence of the traditional concept of “punishment universal”, our country has a tendency of heavy penalization and the reform of non-penalized penalties is very difficult. In our country, although there are provisions on non-penalties and penalties, but less in the judicial practice and even virtual Therefore, on the basis of analyzing the current dilemma of non-penalty punishment method in our country at present, we should further explore the realistic path of promoting non-penalty punishment method.