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Question

在现代刑法理论和刑事司法领域，刑罚都是一个极具魅力的核心概念。纵观中西方刑罚制度发展变化的历史进程，刑罚都是沿着由重到轻这一路径不断向前发展的，这可谓一条世界刑罚发展的基本规律。随着人类社会经济发展、文明进步以及对人权保障的不断重视，刑罚轻缓化已经成为世界发展的趋势。从刑事立法、刑事司法和刑法方面看，我国的刑罚结构还属于重刑结构，这与现代法治社会的发展要求不相符，与基本的刑罚价值理念不相符。目前我国经济、政治和社会都在经历重大的发展，根据我国的国情，我们完全有条件进行一定程度的刑罚轻缓化改革，同时也应当为刑罚轻缓化积极创造条件。
除引言和结论外，本文分以下三部分：
第一部分 刑罚轻缓化概论。本部分首先对刑罚轻缓化的含义与价值进行了分析。刑罚的轻缓化是一种由野蛮向文明，有严酷向轻缓，有残酷向人道进化的一种趋势，其目的是力求以最小的刑罚成本达到最大的社会效益，从而实现刑法的人权保障机能、社会保护机能以及惩罚和预防的双重目的。刑罚的轻缓化已经成为衡量一个国家社会的文明程度、经济的发展状况和人的价值优劣的重要标尺。本部分还从理论和现实两个方面阐述了刑罚轻缓化的存在基础。笔者认为，无论从刑罚的目的和价值取向看，还是从当前的经济、社会结构、文化及刑事政策看，刑罚轻缓化已经成为刑罚发展的必然选择。通过对本部分的分析，也为后面探讨刑罚轻缓化的实现途径提供了基础。
第二部分 域外刑罚轻缓化的发展及其借鉴。本部分从国际的角度阐述和分析了当前刑罚发展的现状，其中重点阐述了国外刑罚轻缓化所取得的成就。笔者认为，西方“轻轻重重”的刑事政策对我国的刑事政策产生了深远的影响，加上我国传统立法、司法观念中所包含的轻缓化因素的作用，我国在不断借鉴域外刑罚轻缓化的先进经验的基础上，刑罚轻缓化已经取得了一定的成就，并正朝着这一趋势不断发展。
第三部分 我国刑罚轻缓化存在的问题及对策。目前我国刑罚的轻缓化虽然取得了一定的成效，但是重刑主义的思想依然占据了相当重要的位置。笔者认为，我国现行的刑罚制度虽然有了相当大的改进，但依然存在一些不足与缺陷，刑罚轻缓化的任务任重而道远。只有从宏观和微观两方面着手我国刑罚轻缓化的改革，切实采取有效的措施，顺应当今时代的潮流，才能够使我国刑罚制度的设定和适用朝着轻缓化和人道化的方向发展，从而体现和谐社会下刑罚理念的价值。

关键词：刑罚 轻缓化 研究

Answer 1

In the modern theory of criminal law and criminal judicature field, punishment is an extremely attractive core concept. Throughout the development and changes in the western penal system history, punishment is to light by heavy along the path of development, this is a world penalty to the basic laws of development. With the social and economic development, human civilization and progress of human rights and the constantly leniency, has become the development trend of the world. From the criminal legislation, judicial and criminal punishment, China still belong to structure, this aspect of the modern rule of structure with the development of society, and the basic requirements of the punishment does not match the value concept. At present, our economic, political and social experience are in great development, according to China's national conditions, we have a certain degree of punishment gentlysweeping changes, also should for leniency actively create conditions.
In conclusion, this introduction and the following three parts:
The first part of the leniency. The first part of the punishment gentlysweeping meaning and value are analyzed. The mitigation of punishment is a kind of XiangWenMing, harsh, cruel to gentlysweeping humanitarian evolution to a kind of trend, its purpose is to strive to achieve maximum minimum cost of the punishment of the social benefit, so as to realize the function of human rights protection law and social protection function and punishment and prevention of dual purpose. The mitigation of punishment has become a nation of social civilization, economic development and people's value of important yardstick. This section is from theoretical and practical aspects elaborated punishment on the existing basis. The author thinks, no matter from the aim of penalty and value orientation, or from the current economic and social structure, cultural and criminal policy, leniency has become the inevitable choice of punishment. Through the analysis of this part, also discussed for leniency behind the realization provided basis.
The second part of the punishment gentlysweeping outside the development and reference. This paper from the perspective of international part and analyses the present situation of the development of punishment, and emphatically introduced foreign leniency achievements. The author thinks that the western "gently with the criminal policy of" to our criminal policy exerted a profound influence on Chinese traditional, plus the legislative and judicial ideas contain anamnesis of factors, our continuously from punishment on the advanced experience, on the basis of the leniency has made some achievements, and is developing towards this trend.
The third part of our leniency problems and countermeasures. At present the mitigation of punishment has made some achievements, but the thought of pan-moral still occupied a very important position. The author thinks that China's current penal system although had considerable improvement, but still existed some shortage and defects, leniency go15 task. Only from both macro and micro aspects of China's reform leniency, and adopt effective measures, conform to the trend of The Times, until today can make our penalty system Settings and applicable toward gentlysweeping and humanity in the direction of the harmonious society, which embodies the value concept under penalty.

Keywords: leniency research
In the modern theory of criminal law and criminal judicature field, punishment is an extremely attractive core concept. Throughout the development and changes in the western penal system history, punishment is to light by heavy along the path of development, this is a world penalty to the basic laws of development. With the social and economic development, human civilization and progress of human rights and the constantly leniency, has become the development trend of the world. From the criminal legislation, judicial and criminal punishment, China still belong to structure, this aspect of the modern rule of structure with the development of society, and the basic requirements of the punishment does not match the value concept. At present, our economic, political and social experience are in great development, according to China's national conditions, we have a certain degree of punishment gentlysweeping changes, also should for leniency actively create conditions.
In conclusion, this introduction and the following three parts:
The first part of the leniency. The first part of the punishment gentlysweeping meaning and value are analyzed. The mitigation of punishment is a kind of XiangWenMing, harsh, cruel to gentlysweeping humanitarian evolution to a kind of trend, its purpose is to strive to achieve maximum minimum cost of the punishment of the social benefit, so as to realize the function of human rights protection law and social protection function and punishment and prevention of dual purpose. The mitigation of punishment has become a nation of social civilization, economic development and people's value of important yardstick. This section is from theoretical and practical aspects elaborated punishment on the existing basis. The author thinks, no matter from the aim of penalty and value orientation, or from the current economic and social structure, cultural and criminal policy, leniency has become the inevitable choice of punishment. Through the analysis of this part, also discussed for leniency behind the realization provided basis.
The second part of the punishment gentlysweeping outside the development and reference. This paper from the perspective of international part and analyses the present situation of the development of punishment, and emphatically introduced foreign leniency achievements. The author thinks that the western "gently with the criminal policy of" to our criminal policy exerted a profound influence on Chinese traditional, plus the legislative and judicial ideas contain anamnesis of factors, our continuously from punishment on the advanced experience, on the basis of the leniency has made some achievements, and is developing towards this trend.
The third part of our leniency problems and countermeasures. At present the mitigation of punishment has made some achievements, but the thought of pan-moral still occupied a very important position. The author thinks that China's current penal system although had considerable improvement, but still existed some shortage and defects, leniency go15 task. Only from both macro and micro aspects of China's reform leniency, and adopt effective measures, conform to the trend of The Times, until today can make our penalty system Settings and applicable toward gentlysweeping and humanity in the direction of the harmonious society, which embodies the value concept under penalty.

Keywords: leniency research
In the modern theory of criminal law and criminal judicature field, punishment is an extremely attractive core concept. Throughout the development and changes in the western penal system history, punishment is to light by heavy along the path of development, this is a world penalty to the basic laws of development. With the social and economic development, human civilization and progress of human rights and the constantly leniency, has become the development trend of the world. From the criminal legislation, judicial and criminal punishment, China still belong to structure, this aspect of the modern rule of structure with the development of society, and the basic requirements of the punishment does not match the value concept. At present, our economic, political and social experience are in great development, according to China's national conditions, we have a certain degree of punishment gentlysweeping changes, also should for leniency actively create conditions.
In conclusion, this introduction and the following three parts:
The first part of the leniency. The first part of the punishment gentlysweeping meaning and value are analyzed. The mitigation of punishment is a kind of XiangWenMing, harsh, cruel to gentlysweeping humanitarian evolution to a kind of trend, its purpose is to strive to achieve maximum minimum cost of the punishment of the social benefit, so as to realize the function of human rights protection law and social protection function and punishment and prevention of dual purpose. The mitigation of punishment has become a nation of social civilization, economic development and people's value of important yardstick. This section is from theoretical and practical aspects elaborated punishment on the existing basis. The author thinks, no matter from the aim of penalty and value orientation, or from the current economic and social structure, cultural and criminal policy, leniency has become the inevitable choice of punishment. Through the analysis of this part, also discussed for leniency behind the realization provided basis.
The second part of the punishment gentlysweeping outside the development and reference. This paper from the perspective of international part and analyses the present situation of the development of punishment, and emphatically introduced foreign leniency achievements. The author thinks that the western "gently with the criminal policy of" to our criminal policy exerted a profound influence on Chinese traditional, plus the legislative and judicial ideas contain anamnesis of factors, our continuously from punishment on the advanced experience, on the basis of the leniency has made some achievements, and is developing towards this trend.
The third part of our leniency problems and countermeasures. At present the mitigation of punishment has made some achievements, but the thought of pan-moral still occupied a very important position. The author thinks that China's current penal system although had considerable improvement, but still existed some shortage and defects, leniency go15 task. Only from both macro and micro aspects of China's reform leniency, and adopt effective measures, conform to the trend of The Times, until today can make our penalty system Settings and applicable toward gentlysweeping and humanity in the direction of the harmonious society, which embodies the value concept under penalty.

Keywords: leniency research
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Answer 2

At modern penal code theories and pertaining to crime judicatory realm, all of penalties be a pole magic power of core concept.Take a wide view history progress that win the system development of the west penalty's variety, all of penalty is along from heavy go to light this all the way path continuously and forward development, this it may be said a world penalty development of basic regulation.Along with mankind society economy development, civilization progress and to human rights guarantee of continuously value, the penalty be light slow turn have already become world development of trend.See from the pertaining to crime lawmaking, pertaining to crime judicatory and the penal code, our country of the penalty structure still belong to heavy Xing structure, this with modern rule of law society of development request don't agree with, with basic penalty value the principle don't agree with.The our country economy, politics and society all are experience currently graveness of development, according to our country of state of the nation, we complete have condition to carry on certain the penalty of degree light slow turn reform, also in the meantime should be light for penalty slow turn aggressive create a condition.
In addition to preface and conclusion, cent of this text the following three part:
One part the penalty be light slow turn general outline.This part be light to penalty slow turn first of meaning and value carried on analysis.Penalty of light slow turn is 1 kind from savage is harsh to the civilization to light slow, is ruthlessness to humality evolution of a kind of trend, its purpose is to try hard for with minimum of the penalty cost attain biggest of society performance, thus realization penal code of human rights guarantee function, society protection function and punishment and prevention of dual purpose.Penalty of light slow turn to be already come measuring a nation society of civilization degree, economy of development condition and person of value good and bad of importance surveyor's rod.This part is still from the theories and reality 2 elaborated penalty light slow turn of existence foundation.The writer think that regardless from the purpose of penalty and value the mindset see, be still from current of economy, society structure, culture and pertaining to crime policy see, the penalty be light slow turn have already become penalty development of inevitable choice.Pass to analyze this part, also for behind study the penalty be light slow turn of realization the path provided foundation.
Two part penalty outside the area be light slow turn of development and it draw lessons from.This part from nations of the angle elaborate with analysis current penalty development of present condition, among them, the point elaborated abroad the penalty be light slow turn obtain of achievement.The writer think that west the pertaining to crime policy of"lightly layer after layer"s to our country of pertaining to crime policy creation profound of influence, plus an our country tradition lawmaking, judicatory in the idea include of light slow turn the function of factor, our country is continuously drawing lessons from penalty outside the area light slow turn of the foundation of advanced experience up, penalty light slow turn have already obtained certain of achievement, and just toward this trend continuously development.
Three part our country the penalty be light slow turn existence of problem and counterplan.Currently our country penalty of light slow turn although obtain certain of result, heavy Xing doctrine of thought still occupied equal importance of position.The writer think that our country although the current penalty system was equal big of improvement, still existence some shortage and blemish, the penalty be light slow turn of mission term heavy but way far.Only begin from the macro view and the tiny view both side our country the penalty be light slow turn of reform, practical adopt valid of measure, adjust nowadays the current in ages, then can make our country penalty system of enactment with apply toward light slow turn with humality turn of direction development, thus body now harmony society descend a penalty principle of value.

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