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毛泽东法治思想是马克思主义法治观中国化的伟大成果,是毛泽东思想科学体系的重要组成部分。他所提出的刑法思想及刑罚方法和制度,例如惩办与宽大相结合的思想、关于“少杀慎杀”的观点等,都成功地指导了中国的刑事立法和刑事司法的实践。《中华人民共和国刑法修正案(八)》对刑法的修订是历次修订动作最大的,共修改了50个条款,涉及49个问题。这次修改有几大特点,例如,取消了13个罪名的死刑,第一次对刑法总则进行了修改,完善了对老年人和未成年人从宽处理的规定,将“坦白从宽”的刑事政策法律化。这些修订内容是毛泽东刑法思想的具体体现。刑法修正案(八)是我国刑法史上一次跨越式进步,整体而言该修正案充满了人性、人道、人文基调;但是有些问题仍然值得探讨,例如,能否将如实供罪作为法定从轻、减轻处罚情节,对部分犯罪行为能否非犯罪化等问题尚需探讨。
Mao Zedong’s thought of the rule of law is the great achievement of Marxism’s rule of law in China and an important part of the scientific system of Mao Zedong Thought. His ideas on criminal law and the methods and systems of penalties, such as the idea of combining punishment with leniency and the notion of “killing less”, have all successfully guided China’s criminal legislation and the practice of criminal justice. “Amendment to the Criminal Law of the People’s Republic of China (8)” The revision of the Criminal Law is the largest in all previous revisions, with a total of 50 clauses amended, involving 49 issues. For example, the death penalty of 13 counts was abolished, the first general revision of the general criminal law was made, the provisions on the leniency of the elderly and minors were improved, the “leniency” Legalization of criminal policy. These revised contents are concrete manifestation of Mao Zedong’s criminal law thought. The Amendment to the Criminal Law (8) is a leapfrog advance in the history of criminal law in our country. On the whole, the amendment is full of humanity, humanity and humanities. However, some issues still deserve to be explored. For instance, can honest conviction be used as a statutory lighter, Mitigating the circumstances of the punishment, some of the criminal acts can not be criminalized and other issues still need to be explored.