摘要: 宽严相济是具有中国特色的刑事政策,是中国传统文化中的中庸之道在打击和预防犯罪中的运用。面对多年积累的腐败犯罪案件,中国需要在查处腐败中运用宽严相济的刑事政策。以宽济严,就要适度宽恕旧罪,就要明确宽严界线,就要少用慎用死刑,其要旨是公正透明。以严济宽,就要既打“老虎”也打“苍蝇”,就要既查官贪也查民贪,就要既抓受贿也抓行贿,其要务是全面彻查。采取宽严相济的政策有助于保持查处腐败的常态并取得反腐败的长效。
关键词:
反腐败,
宽严相济,
中庸之道
Abstract: The mutual complementing between severity and leniency is a criminal justice policy with Chinese characteristics,and the application in fighting and preventing crimes of the middle and stable course philosophyin Chinese traditional culture. Facing the serious problem of corruption accumulated in past years,Chinashould take the strategy of mutual complementing between severity and leniency. For complementing severitywith leniency,it is necessary to give pardon to some old crimes properly, to draw a clear line between severity and leniency,and to use death penalty as less as possible,while the basic principle is fair and transparent. For complementing leniency with severity,it is necessary to hit both“tigers” and“flies”,to investigate both public power corruption and private power corruption,and to catch both bribe-takers and bribe-givers,while the principal task is to strictly investigate all cases. The application of the policy of mutual complementing between severity and leniency will be helpful for maintaining regularity and effectiveness infighting corruption.
Key words:
Anti-corruption,
Mutual Complementing between Severity and Leniency,
Middle andStable Course
何家弘. 宽严相济与中庸反腐[J]. 法学家, 2015(5): 16-28.
HE Jia-Hong. The Policy of Mutual Complementing between Severity and Leniency with theMiddle and Stable Course in Fighting Corruption [J]. , 2015(5): 16-28.