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虽然刑事政策概念在逻辑上包括刑罚,但是这个概念的基本理论蕴涵和价值趋向却是在排斥并超越刑罚。所以说,与惩罚相对立的“预防”是刑事政策的核心。惩罚是不得已的下策,预防是积极主动的上策。现代刑事惩罚政策早已经发生了变化,单纯的惩罚已经不再是现代刑罚的主要内容。职务犯罪预防应当以刑事政策为根据,我国检察机关职务犯罪预防机构的设立是一种标志,开辟了我国刑事政策的新篇章。
Although the concept of criminal policy logically includes penalties, the basic theoretical implication and value tendency of this concept are to exclude and exceed penalties. Therefore, “prevention”, which is the opposite of punishment, is the core of criminal policy. Punishment is a last resort, prevention is the best policy. The policy of modern criminal penalties has already changed a lot. Simple punishment is no longer the main content of modern punishment. The prevention of job-related crimes should be based on the criminal policy. The establishment of a crime prevention agency for procuratorial organs in our country is a sign that opens up a new chapter of criminal policy in our country.