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暴恐刑事政策的纵向实现分为刑事政策立法化与刑事政策司法化两个过程,前一过程应反思“严打”立法化的立论基础与民意导向,并以此转向指导今后立法,后一过程应在坚守罪刑法定主义的基础上,对过于扩大入罪化的立法趋势进行适度限缩,同时应注意协调涉恐刑事政策的功能发挥与综合治理的应对。
The vertical realization of the criminal policy of terrorism is divided into two stages: the legislativeization of criminal policy and the judicialization of criminal policy. The former process should reflect on the legislative basis and public opinion of “strike hard” legislation and turn to guide the future legislation A process should be based on the statutory principle of crime and punishment should be based on the excessive extension of the criminalization of the legislative trend to a moderate limit, and should pay attention to coordinating the functions of criminal policy related to terrorism and comprehensive management response.