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建国后前三十年(1949~1979年),“坦白从宽,抗拒从严”政策在打击犯罪、保护人民和改造、教育罪犯等方面发挥了无可替代的重要作用。但1979年我国刑法颁布后,因“坦白从宽,抗拒从严”政策与法律规定出现不协调,在实践中遭遇到难以兑现的困境,同时也受到部分专家、学者的无端质疑。这一政策的存废和前景引起了人们的广泛关注。本课题组围绕“坦白从宽,抗拒从严”政策相关问题发放两套问卷(共1100份),对其进行调查与分析,从实证研究的角度回答人们所关心的各种问题。这一调查不仅填补了“坦白从宽,抗拒从严”政策实证研究的空白,也为端正对这一政策的认识,进一步完善政策,早日摆脱“兑现政策难”的困境指明了方向。
In the first three decades after the founding of the People’s Republic (1949-1979), the policy of “leniency and leniency” has played an irreplaceable and important role in cracking down crimes, protecting the people and reforming education and criminals. However, after the promulgation of China’s Criminal Law in 1979, it was uncoordinated by the policy of “being leniently confess with leniency and rigidly resisting” and was incompatible with the provisions of laws and regulations. In practice, it encountered difficulties that were hard to be realized and was questioned by some experts and scholars alike. The existence and prospect of this policy has aroused widespread concern. Our group has issued two sets of questionnaires (1,100 copies) focusing on issues related to the policy of “being leniently confess to leniency and resisting strictness”, conducting investigations and analyzes on them, and answering questions of people’s concern from an empirical research perspective. This investigation not only filled in the blank of the empirical study of “leniency and leniency” but also pointed out the difficulties in rectifying the policy, further improving the policy and getting rid of the “hard cash policy” at an early date direction.