摘要
以刑制罪作为一种定罪的思维路径,不仅有其逻辑基础,而且有着深刻的法理根基。它体现了罪刑法定原则的精神,是罪刑相适应原则的应有内容。在司法实践中做到以刑制罪,一要理性认识法定刑的质,二要在比较中明确法定刑的量,三要注意刑事政策对法定刑的影响。
It is the convictive train of thought that determination of a crime is restricted to the content of statutory penalty of the crime, for there is logic in the process and it has its own solid foundation in legal theory. As part of the content of the Principle of Suiting Punishment to Crime, the spirit of convictive measure reflects the spirits of the Principle of the Legally-prescribed Punishment for a Specified Crime. In order to carry this measure to the end in judicial practice, something should be done: first, understand the essence of the statutory penalty rationally; second, define the quantity of the penalty by comparing with the others; third, pay attention to the effects that penal policy has on statutory penalty when determining a crime.
出处
《河南社会科学》
2004年第6期43-45,共3页
Henan Social Sciences
关键词
罪刑法定
罪刑相适应
以刑制罪
刑事法治
a legally-prescribed punishment for a specified crime
suiting punishment to crime
the determination of a crime by the statutory penalty of the crime
rule of criminal law
