论“依法从重从快”  

On "Giving Heavier and Faster Punishment according to Law"

作　　者：孙永兴[1] Sun Yong-xing(Department of Politics and Law,Tianjin Municipal Party School of CPC,Tianjin 300191,China)

机构地区：[1]中共天津市委党校政法教研部,天津300191

出　　处：《政法学刊》2021年第2期30-37,共8页Journal of Political Science and Law

摘　　要：经过近四十年的实践,我国已经形成了"依法从重从快"的规范体系。"依法从重从快"是党的"宽严相济"政策的法律化,有其深厚的制度和价值基础。"依法从重从快"对于秩序价值的实现、正义价值的维护具有特殊重要的作用。"依法从重从快"指涉事项复杂、多样;相当一部分"依法从重从快"规范属于"一次性"立法范畴,同时,联合立法的特点明显。有必要提高立法规格、创新规范形式为"依法从重从快"增信;必要时由全国人民代表大会制定《紧急状态法》或者修改《突发事件应对法》明确规定"依法从重从快"的相关情形;制定和完善关于紧急状态的党内法规,促进"依法从重从快"和"以规从重从快"的协调和配合。After nearly 40 years of practice, China has formed a normative system of "Giving heavier and faster punishment according to law". "Giving heavier and faster punishment according to law" is the legalization of the party’s policy of "tempering justice with leniency" and has its profound system and value foundation. "Giving heavier and faster punishment according to law" plays a special and important role in the realization of the value of order and the maintenance of the value of justice. "Giving heavier and faster punishment according to law" refers to the complexity and diversity of matters involved. A considerable part of the norms of "giving heavier and faster punishment according to law" belong to the category of "one-off" legislation. At the same time, the characteristics of joint legislation are obvious. It is necessary to improve the legislative specifications and innovate the normative form to increase trust in the form of "giving heavier and faster punishment according to law" and when necessary, the National people’s Congress shall formulate the "Emergency Law" or amend the "Emergency Response Law" to clearly stipulate the relevant situation of "giving heavier and faster punishment according to law". It is also necessary to formulate and improve inner-party laws and regulations on the state of emergency, and promote the coordination and cooperation of "giving heavier and faster punishment according to law" and "giving heavier and faster punishment according to rules and regulations".

关 键 词：依法从重从快 紧急状态立法 联合立法 宽严相济 规范体系 

分 类 号：D924.1[政治法律—刑法学]