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不能片面理解刑罚与其严厉不如缓和的格言,不能认为在任何时代、任何条件下刑罚都越轻越好,因为刑罚的轻重必须符合国情,必须适应时代的价值观念。格言解析刑罚与其严厉不如缓和的格言表述了刑罚程度的谦抑性思想。即在刑事立法上,如果规定较轻的刑罚(缓和)即可,没有必要
We can not unilaterally understand that the penalty should be less severe than its harshness. We should not think that in any age and under any conditions penalties are as low as possible, for the severity of punishment must be consistent with the national conditions and must be adapted to the values of the times. Maxim’s analysis of the punishment and its harsh mitigation motto expresses the modest and restrained thought of the degree of punishment. In criminal legislation, it is not necessary to impose a lighter sentence (ease)