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在每个国家刑事政策的背后都是由权力来支撑的,刑事政策同权力有着密不可分的关系,从另一种角度来讲,刑事政策也是在权力支撑下的公共政策,每个刑事政策都需要具有合法性、组织性的权力体系来支持的,但是在权力对刑事政策给予支持的同时也对刑事政策产生一种制约力,两者有着不可分割的制约与支撑关系。本文从权力、刑事政策的概念入手,深入的分析了刑事政策与权利两者之间的支撑关系,之后对权力与权利的制约关系进行深入研究,最后阐述了刑事政策与权利的制约关系,正确处理两者之间的关系。
Behind every criminal policy in every country is supported by power. Criminal policy is closely linked with power. From another point of view, criminal policy is also a public policy backed by power. Every criminal policy However, when the power gives support to the criminal policy, it also has a restraining force on the criminal policy. Both of them have the indivisible restriction and support relationship. This article begins with the concept of power and criminal policy, deeply analyzes the supportive relationship between criminal policy and right, then studies the restrictive relationship between power and right, and at last elaborates the restrictive relationship between criminal policy and right, which is correct Deal with the relationship between the two.