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总体来看,我国的刑罚结构,当属重刑结构:虽能罪、罚协调,但不能重、轻适应。《刑法修正案》(八)的颁布和实施,虽使得“重刑”因素与“轻刑”因素进一步协调,在更大程度上迎合了刑罚轻缓化的世界发展趋势,但无疑会加剧刑罚结构的不协调程度,刑罚结构的科学化势在必行。确立刑罚适用的总体原则:减少乃至消除死刑、完善自由刑、扩大非监禁刑,创设社区服务刑,是刑罚结构科学化的基础。注重诸刑种及具体刑种内部诸要素的协调一致,是刑罚结构科学化的关键。
Generally speaking, the penalty structure in our country belongs to the structure of severe punishment: although it can co-ordinate crime and punishment, it can not be re-stressed or lightly adjusted. Although the promulgation and implementation of the “Amendment to the Criminal Law” (8) have further coordinated the factors of “heavy punishment” and “light punishment” to a greater extent, the promulgation and implementation of the Criminal Law Amendment (8) Will undoubtedly exacerbate the disparity of the penalty structure, the scientific structure of the penalty is imperative. The establishment of the general principles applicable to penalties is to reduce or eliminate the death penalty, improve the free punishment, expand the non-prison sentence, and create a community service penalty, which is the basis for the scientific structure of the penalty. It is the key to scientific structure of penalty structure to pay attention to the coherence and consistency of all kinds of punishment and specific elements.