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综观我国现行刑法,就会发现其不经济性随处可见,具体体现为死刑的罪名过多、自由刑占绝对比例、罚金刑少、刑罚替代措施欠缺等。尤其是刑罚处罚过重所导致的刑罚效益低下是其不经济的主要表现形式,克服重刑主义和泛刑罚化观念,刑罚的轻缓化是在社会主义市场经济体制下实现刑罚效益的最终手段。
Looking at the existing criminal law in our country, we find that its economy can be seen everywhere. It is manifested in the fact that there are too many counts of death penalty, the absolute proportion of freedom penalty, the fine penalty and the lack of alternative penal measures. In particular, the low efficiency of penalties caused by over-punishment of penalties is not the main manifestation of its economy. Overcoming the heavy penalties and the concept of pan-punishing penalty, the mitigation of penalties is the ultimate measure to realize the penalty benefits under the socialist market economic system .