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刑法是最为古老的一门单行法律法规,以其严厉的刑罚为主要特点,在打击严重违法犯罪行为中发挥了不可磨灭的作用。我国的刑罚结构以死刑、限制自由刑为中心,很大程度上反映出了推崇重刑的特色。但是随着社会的发展,人文气息也沁入到了貌似没有感情色彩的刑法中,众多国内外学者纷纷提倡在刑法中适当的适用轻刑,伴随着我国最新的《刑法修正案(八)》的出台,宽严相济的刑罚已然成为大势所趋。那么在刑法中重轻刑分别扮演着怎么样的作用,二者的关系怎么样,以及我们怎么去处理两者的适用问题呢,是我们不得不去考虑的问题。
Criminal law is the oldest one-way laws and regulations. With its severe punishment as the main feature, it has played an indelible role in the fight against serious crimes. The structure of penalty in our country takes the death penalty and the restriction of free penalty as the center, which largely reflects the characteristic of respected tion. However, with the development of society, the humanistic atmosphere is also infused into the seemingly emotionless criminal law. Many scholars at home and abroad have advocated the appropriate application of light punishment in criminal law. Along with the latest Criminal Law Amendment (8) in our country The introduction of the punishment of mercy and leniency has become the trend of the times. So what are the respective roles played by the lenient and the lenient sentences in the criminal law? What is the relationship between the two and how we can deal with the application of the two? It is something we have to consider.