犯罪的社会危害性之所以能够构成罪刑相适应的标准,不仅因为它作为标尺在犯罪和刑罚之间具有公用性,还因为它作为标尺具有质量差别性。就罪刑相适应原则的刑法实践而言,犯罪的社会危害性这一标准在立法环节被坚持时就是制刑标准,而在司法环节被坚持时就是量刑标准。 The social harmfulness of crime can form the standard of crime and penalty adaptation, not only because of its commonality between crime and punishment, but also because of its quality as a scale. As far as the criminal law practice in accordance with the principle of crime and punishment is concerned, the social harmfulness of crime is the standard of punishment when it is upheld in the legislative process, and it is the sentencing standard when the judicial procedure is upheld.