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管制刑是我国宽严相济刑事政策“宽”的典型代表,符合轻刑化、非监禁化、行刑社会化的刑罚发展潮流,其价值应当得到充分肯定。但我国《刑法》所规定的管制刑却宽严失衡,存在适用对象和适用条件不明确、执行主体虚化、行刑内容过于宽松而缺乏惩罚性等不足,严重制约了管制刑功能的发挥。因此,应从宽严相济刑事政策的视角出发,在立法上进一步明确管制刑适用的对象和条件、改造管制刑的行刑主体、设立符合我国国情且具有适当惩罚性的管制内容、确立不服从管制的较严厉的法律后果。
Controlling criminal punishment is the typical representative of China’s criminal policy of “temper justice with mercy” and “broad”. It meets the development trend of criminal punishment of light punishment, non-imprisonment and socialization of execution, and its value should be fully affirmed. However, the control penalty as stipulated in the Criminal Law of our country is wide and lax, there are not suitable targets, the conditions of application are not clear, the implementing entities are weak, the content of execution is too lenient and the punishment is lacking, which seriously restricts the exertion of the criminal penalty. Therefore, from the perspective of the criminal policy of tempering justice with mercy, we should further clarify the objects and conditions for the application of the criminal punishment in legislation, reform the main body of execution of the criminal punishment, set up appropriate penalties in line with China’s national conditions, and establish a comparatively non-compliant system Severe legal consequences.