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罪刑相适应原则是我国新刑法确立的基本原则之一,虽然这一原则在国外刑法中由来已久,但是在我国刑法中却为时不长,因此,如何弄清其理论基础,从而更好地为定罪量刑服务,就具有非常重要的现实意义。罪刑相适应原则的理论基础有二:一是报应主义;二是功利主义,由于二者的意蕴和价值取向不同,因而在对罪刑相适应原则的理解上也有很大的差异,本文拟从报应主义和功利主义对罪刑相适应原则的不同理解出发,从而全面地揭示罪刑相适应原则的理论根基。
Although the principle of adapting to crime and penalty is one of the basic principles established by the new criminal law in our country, although this principle has been in criminal law for a long time in foreign countries, it has not been long before in the criminal law of our country. Therefore, it is better to find out its theoretical basis To conviction and sentencing service, it has very important practical significance. There are two theoretical bases for the principle of coping with crime and punishment: one is retributivism; the other is utilitarianism. Because of their different implication and value orientation, there are great differences in understanding the principle of coping with crime and punishment. Doctrine and utilitarianism on the principles of crime and punishment to understand the different principles of understanding to fully reveal the principle of crime and punishment to adapt to the principles of the theoretical foundation.