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刑法的刑事政策化是由近代的刑事政策诞生而开始出现的,并已经成为当今我国刑法发展的大趋势,是对近代以来西方国家刑事政策发展的总结。刑法的刑事政策化的演变,表明刑法政策的观念就是刑法的基础,刑法的制定和实施的目的并不是为了定罪施刑,而是为了防卫社会预防再犯而实行的手段。刑法的制定和运用,以及定罪和执行都应该由刑事政策的观点出发,脱离了刑事政策的约束,刑法的运行和执行就会造成不公平或者不积极的后果。因此刑法的刑事政策化非常重要并值得深究。本文就从刑法的刑事政策化的内容和重要性进行分析,同时对其实施的限度进行研究。
The criminal policy of criminal law began to emerge from the birth of modern criminal policy, and it has become the general trend of the development of criminal law in our country today. It is the summary of the development of criminal policy in western countries since modern times. The criminal policy of criminal law evolves, indicating that the concept of criminal law is the basis of criminal law. The purpose of the formulation and implementation of criminal law is not to convict and punish execution but to prevent the recurrence of social crimes. The formulation and application of criminal law as well as criminalization and enforcement should be based on the criminal policy and be separated from the criminal policy. The operation and enforcement of criminal law will result in unfair or unproductive consequences. Therefore, criminal policy of criminal law is very important and worth studying. This article analyzes the content and importance of the criminal policy of criminal law, and at the same time studies the limit of its implementation.