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宽严相济刑事政策不仅是指对于犯罪应当有宽有严,而且在宽严之间还应当具有一定的平衡,互相衔接形成良性互动,以避免宽严皆误结果的发生。在当前社会主义和谐社会的构建中,应当突出以“宽”济“严”的时代内涵。酌定减轻处罚的适用与宽严相济刑事政策具有天然的密切联系,依法适用酌定减轻处罚是审判工作贯彻宽严相济刑事政策的应有之义。酌定减轻处罚的正确适用,关键在于对作为实质适用条件的所谓“特殊情况”进行合理的界定,适当扩大酌定减轻情节的适用范围,有利于真正做到宽严相济,罚当其罪。
The criminal policy of temper justice with mercy not only means that crimes should be lenient and lenient, but also that there should be a certain balance between strict conditions and a positive interaction with each other so as to avoid any consequences of leniency. In the current construction of a harmonious socialist society, the connotation of the times with “wide” and “strict” should be highlighted. The application of discretionary mitigation is closely related to the criminal policy of temper justice with mercy. The application of discretionary mitigation in accordance with the law is the proper meaning of carrying out the criminal policy of strict and strict conciliation in trial work. The key to discretionary mitigation of punishment is to define the so-called “special circumstances” that are substantive conditions of application and appropriately expand the scope of application of circumstances at discretion to reduce the scope of application of the circumstances so as to be truly guilty of both leniency and punishment .