民主法治作为和谐社会的首要特征,它要求司法机关依法办事,但依法办事的前提是有法可依,宽严相济刑事政策并不是司法机关依法办事的依据,因此需要将宽严相济的精神贯彻到刑事立法中,通过立法的指导作用,以更好的实现刑法惩罚犯罪和保障人权的价值目标以及建设和谐社会的要求。 As the most important feature of a harmonious society, democracy and the rule of law require the judiciary to act in accordance with the law. However, the premise of lawful work depends on the law. Criminal policy of combining leniency and strictcy is not the basis for the judiciary to act in accordance with the law. Therefore, In the legislation, through the guidance of legislation, we should better realize the value target of punishing crime and safeguarding human rights by criminal law and the requirement of building a harmonious society.