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入罪慎行是刑法的基本要求,严密法网是刑事法治的基本趋势。入罪慎行与严密法网之间存在价值立场的二律背反。我国刑法体系的不完善、刑事司法权的过度扩张及刑事政策在刑事司法实践中的滥用是导致入罪慎行与严密法网价值立场二律背反的原因。刑事法律的制度体系之完善应当侧重于刑事立法的轻刑化、精细化;提倡刑事司法、执法的谦抑性;正确理解、适用基本刑事政策,加强其对刑事立法的轻刑化及刑事司法、执法的谦抑性之指导是缓和、化解入罪慎行与严密法网之间价值二律背反的路径选择。
Prudence and cautiousness are the basic requirements of criminal law. The strict law net is the basic trend of criminal law. There is an antinomy of the value standpoint between guilty conscience and strict law. The imperfect system of criminal law in our country, the excessive expansion of criminal judicial power and the abuse of criminal policy in the practice of criminal justice are the two reasons that lead to the cautiousness of conviction and strict legal value. The perfection of the institutional system of criminal law should focus on the light punishment and delicacy of criminal legislation; promote the moderation of criminal justice and law enforcement; correctly understand and apply the basic criminal policy and strengthen the criminalization of criminal legislation and criminal justice , The guidance of modesty and enforcement of law enforcement is to ease and resolve the path of the opposite in value between the cautiousness of impunity and the strict law net.