宽严相济刑事政策长期以来没有明确、具体的要求,缺乏统一的适用标准,依赖于司法人员的主观裁量,使得该政策的适用受人为因素影响较大,执法不统一,无形中影响了该政策整体运用的效果。宽严相济下的司法实务应高度重视现实法治环境,从现行的法律政策和法律规范出发,以社会功能的修复效果为评价这一政策落实状况的基准。 For a long time, there was no clear and specific requirement for the criminal policy of temper justice with mercy. The lack of a uniform standard of application relied on the subjective discretion of judicial personnel, which made the application of the policy more affected by human factors and the unification of law enforcement, which virtually affected the overall policy Effect of use. Judicial practice under the terms of tempering and strictness should attach great importance to the reality of the rule of law. From the current laws and regulations and legal norms, the effectiveness of the restoration of social functions is the benchmark for evaluating the implementation of this policy.