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2010年的河北大学撞人事件,引起了社会的广泛关注,我们在感叹现代社会道德缺失的同时,对我国刑事审判中宽严相济的刑事政策也有了新的反思。对于案件何种条件和情形下当宽则宽、当严则严有了新的争论。然而,与宽严相济刑事政策的重要性明显脱节的是,其在贯切实施过程中多有不尽完善之处,在实务操作过程中,存在诸多不足。本文立于此,对我国宽严相济刑事政策加以系统分析研究,力求对我国完善相关制度提出几点意见,以求对我国司法适用有所裨益。
The incident of hitting people in Hebei University in 2010 aroused widespread concern in the society. While lamenting the moral absence in modern society, we also made new reflections on the criminal policy of tempering justice with mercy in criminal trials in our country. The conditions and circumstances of the case when the wide and wide, when the strict strict new controversy. However, it is obviously out of step with the importance of the criminal policy of temper justice with leniency that there are many imperfections in the process of its implementation and many deficiencies in its substantive operations. Based on this, this article systematically analyzes and studies the criminal policy of China’s temper justice with mercy, and tries to put forward some suggestions on how to improve the relevant system in our country so as to be beneficial to the judicial application in our country.