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罪刑相适应原则是刑法的基本原则之一,贝卡利亚的《论犯罪与刑罚》这一著作对罪刑相适应原则作出了非常深刻的论述。罪刑相适应原则不仅是惩罚犯罪、维护社会秩序的需要,同时也是保护犯罪人免受国家刑罚权侵犯的工具。本文试从《论犯罪与刑罚》的一些内容出发,探讨罪刑相适应原则的历史沿革、内涵和意义、以及我国的司法实践情况,并尝试提出解决建议。
The principle of adapting to crime and punishment is one of the basic principles of criminal law. Beccaria’s book “On Crime and Punishment” made a very profound exposition on the principle of adapting crime and punishment. The principle of adapting crime and punishment is not only the need to punish crime and maintain social order, but also a tool to protect the perpetrator from the violation of state punishment. Based on some contents of “On Crime and Penalty”, this paper discusses the historical evolution, connotation and significance of the principle of crime and punishment adaptation, as well as the judicial practice in our country, and tries to put forward some suggestions.