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我国刑法学主流观点将刑法第5条的规定视为罪责刑相适应原则,但这种理论存在重大的理论缺陷与误区。首先,在提出的背景上,其曲解了刑罚个别化与罪刑均衡的内在关系;其次,罪—责—刑的结构存在着严重的逻辑缺陷;再次,其对罪刑相关因素的内涵界定存在着自相矛盾;最后,其加剧了刑法功能的冲突升级,并最终肢解了刑法功能。从维护我国刑法学体系协调的立场出发,应当终结罪责刑相适应理论,重新回到罪刑均衡的时代。
The mainstream view of criminal law in our country regards the provisions of Article 5 of the Criminal Law as the principle of adaptation to crime and punishment, but there are major theoretical flaws and misunderstandings in this theory. First of all, on the proposed background, it misinterprets the inherent relationship between the individualization of punishment and the balance of crime and punishment. Secondly, there are serious logical defects in the structure of crime-responsibility-punishment. Thirdly, the connotation of the related factors of crime and punishment exists from Contradictory; finally, it exacerbated the escalation of conflicts in the function of criminal law and eventually dismembered the function of criminal law. From the perspective of maintaining the coordination of criminal law jurisprudence in our country, we should end the theory of adaptation to crime and punishment and return to the era of equal balance of crime and punishment.