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我国刑罚结构偏重是个不争的事实。这种结构的形成,既有我国历史重刑传统因素的影响,也有错综复杂的各种现实因素的制约。在大力倡导以人为本,努力构建和谐社会的今天,宽严相济的刑事政策受到我国司法实务部门以及刑法学界越来越充分的重视。我国现行刑罚存在的结构性缺陷所产生的弊端越发显露。改革和完善我国刑罚制度已是形式所需。本文拟从现行刑罚制度存在的缺陷和弊端、改革和完善刑罚制度的构想等方面对我国现行刑罚制度的完善做一初探。
It is an indisputable fact that the criminal structure in our country is over-emphasized. The formation of this kind of structure is not only influenced by the traditional factors of the heavy penalties in our country, but also by the complicated and various realistic factors. At the moment of vigorously promoting people-oriented and striving to build a harmonious society, the criminal policy of temper justice and mercy has been given more and more attention by judicial practice departments and criminal law scholars in our country. The shortcomings of the structural defects existing in the existing penalties in our country are more and more revealed. Reforming and perfecting the penalty system in our country is already a necessity. This article intends to probe into the perfection of the current penalty system in our country from the defects and malpractices existing in the current penalty system and the conception of reforming and perfecting the penalty system.