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刑事政策的演进意味着国家在刑罚权运用、罪刑关系配置上一直在适时进行选择,而这种选择的结果必然影响着刑事立法和刑事司法。新中国成立以来,随着社会形势的变迁,刑事政策亦审时而变,经历了由“镇压与宽大相结合”到“惩办与宽大相结合”再到“宽严相济刑事政策”的演进历程;相应地,刑法也经历了从无到有、从简到繁、不断修正完善的过程。刑事政策与刑法互动关系的实践证明,刑事政策的理性化有助于刑法立法的理性化,立法因时制宜回应政策的变化也有助于刑事政策的作用得到充分而理性的发挥。
The evolution of criminal policy means that the state has always been making timely choices in the application of the right of punishment and in the configuration of the relationship between crime and punishment, and the result of such choice will inevitably affect criminal legislation and criminal justice. Since the founding of New China, with the change of social situation, the criminal policy has also changed from time to time. It has experienced the combination of punishment and leniency, the combination of punishment and leniency, and then the criminal policy of impartiality and leniency. Correspondingly, the criminal law has also undergone a process of revision and improvement from scratch, from simple to complex, and continuously. The practice of the interaction between criminal policy and criminal law proves that the rationalization of criminal policy is helpful to the rationalization of the legislation of criminal law. The legislation’s response to the changing of the policy according to the time also helps to fully and rationally play the role of criminal policy.