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刑罚“轻刑化”是当今世界刑法的发展趋势,它顺应了市场经济发展和社会生活民主化进程的要求,同时也符合刑罚科学化的发展趋势。我国一贯遵行惩罚与教育相结合的方针,随着我国构建和谐社会的逐渐深入,轻刑化在刑事司法中的影响和作用日益突出。其中有关死刑废除的问题一直是刑罚轻刑化争论不休的话题,现在大部分的观点都认为死刑废除是必然的趋势,但在目前中国还不能废除死刑。刑罚是否有人权保障和人道主义,是否是恶法,应该从全面的角度去考察,而不应该仅仅从犯罪人的角度去看待问题,只有把被害人也考虑进来,才是一个完整公正的评判局面。刑法是倡导罪刑法定原则,是为了有利于被告人,但是并不是说为了达到有利于被告人的效果就要漠视或者牺牲被害人的利益,这是颠倒本末的做法。
Penalty “Light punishment ” is the development trend of criminal law in the world at present. It conforms to the requirements of the development of market economy and the democratization of social life, and also meets the development trend of scientific punishment. Our country has always followed the principle of combining punishment with education. With the gradual deepening of building a harmonious society in our country, the influence and role of light punishment in criminal justice have become increasingly prominent. Among them, the abolition of the death penalty has always been a topic of endless debate on punishment of light punishment. Nowadays most of the opinions hold that the abolition of the death penalty is an inevitable trend. However, at present, China can not abolish the death penalty. Whether punishment has human rights protection and humanitarianism is an evil law and should be investigated from a comprehensive perspective. Rather than merely viewing the issue from the perpetrator’s point of view, only taking the victim into account is a complete and fair judgment . Criminal law advocates the principle of legally prescribed punishment for crimes in order to benefit defendants. However, it does not mean that we must ignore or sacrifice the interests of victims in order to achieve the benefit of defendants. This is an attempt to reverse the current trend.