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刑事政策是刑事立法与刑事司法的灵魂,刑法理论的发展在很大程度上也有赖于科学的刑事政策观的确立。提起刑事政策,不可避免的都会想到我国的严打政策。然而最近很多的学者都对近些年来的严打的刑事政策产生了质疑,认为“严打”的成效不大,且带来了很多负面影响,然而笔者以否定的态度对严打问题进行了思考,却发现问题的本质是刑事政策的失衡。本文以严打为出发点,具体描述了我国刑事政策失衡的表现,并分析了形势政策失衡的原因,提出了解决刑事政策失衡的相关办法,希望通过根治刑事政策失衡的问题,更好的实施严打这一本质正确的刑事政策,使得我国法治得以进一步健全。
Criminal policy is the soul of criminal legislation and criminal justice. The development of criminal law theory also relies to a large extent on the establishment of a scientific concept of criminal policy. If you bring a criminal policy, you will inevitably think of our country’s crackdown policy. Recently, however, many scholars have questioned the crackdown on criminal policies in recent years. They think that the effect of “crackdown” is not large and brings many negative effects. However, the author has given a serious thought to the issue of crackdown , But found that the essence of the problem is the imbalance of criminal policy. This article, starting from the crackdown, specifically describes the performance of China’s criminal policy imbalance, and analyzes the reasons for the imbalance in the situation and policies. It puts forward some solutions to the imbalance of criminal policies. We hope that by striking the imbalance of criminal policies and hitting a better strike this An essentially correct criminal policy will further improve the rule of law in our country.