一、问题之提出二、问题之解决一、问题之提出目次刑罚,是刑事责任非难的主要承载形式,它以对犯罪人科处一定法益剥夺为实体内容,体现了犯罪所引发的否定性法律评价与效果。以刑事法律活动的不同阶段为依据,可以将国家刑罚权界分为制刑权、求刑权、量刑权以及行刑权四类。由于在现代法治国家背景下,国家要实现刑罚权,必须首先通过司法程 First, the problem raised Second, the problem solved First, the issue of the proposed list of penalties, criminal responsibility is the main bearing form of non-difficult, it offended the criminals at certain legal interests as an entity content, reflects the negative law triggered by crime Evaluation and effectiveness. Based on the different stages of criminal law activities, the state power of punishments can be divided into four categories, namely, the power of punishment, pleading for punishment, sentencing and the right to execution. Since in the context of a modern country under the rule of law, the state must realize the right of punishment by first passing the judicial process