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立功制度是我国重要的刑罚裁量和执行制度,在刑法中有独立地位和较完整体系,在实践中受到司法机关、犯罪分子等各方诉讼主体的欢迎。该制度具有久远的历史和政策渊源,但在司法实践中却出现了一系列异化现象,反映出该制度:违背罪责刑相适应原则,违背正义、平等原则,立法思路存在误区等多重问题。为了避免出现扭曲人性,构陷法治的结局,应当有步骤地取消立功制度。
The meritorious service system is an important punishment discretion and enforcement system in our country. It has an independent status and a relatively complete system in the criminal law. In practice, it has been well received by litigants such as judicial organs and criminals. The system has a long history and policy origins. However, a series of alienation phenomena appear in the judicial practice, which reflect the multiple problems of violating the principle of crime and punishment, violating the principle of justice and equality and misunderstanding of legislative ideas. In order to avoid distorting human nature and ending the rule of law, the system of meritorious deeds should be canceled step by step.