CAJ | 학술논문

刑罚的流弊引发了西方国家的非刑罚化运动。对于西方国家的非刑罚化运动及其对我国的借鉴意义,国内学者认识不一。目前在我国,非犯罪化是广义的＂非刑罚化＂的内容之一,狭义的＂非刑罚化＂应当包括免予刑事处罚单纯宣告有罪、免予刑事处罚予以非刑罚处罚、对犯罪独立适用的保安处分等内容,对其中存在的问题,我们应当保持清醒的认识。
형벌적류폐인발료서방국가적비형벌화운동。대우서방국가적비형벌화운동급기대아국적차감의의,국내학자인식불일。목전재아국,비범죄화시엄의적＂비형벌화＂적내용지일,협의적＂비형벌화＂응당포괄면여형사처벌단순선고유죄、면여형사처벌여이비형벌처벌、대범죄독립괄용적보안처분등내용,대기중존재적문제,아문응당보지청성적인식。
The fraud of prison sentence led to the depenalization movement in Western countries.Domestic scholars have different understandings to the depenalization movement in Western countries and it＇s reference significance for our country,there are two types viewpoints containing broad sense and narrow sense theory about it,the broad sense theory had been criticized by the narrow sense one.Quite a few measures that belong ＂non-penalty＂ originally had been become ＂penalties＂ now in Western countries,we should not equate historical ＂depenalization movement＂ with current ＂non-penalty measures＂,some theoretical research and judicial practice about ＂depenalization＂ in our country have broken away this reality more or less.At present in our country,decriminalization belongs to broad sense ＂depenalization＂,narrow sense＂depenalization＂ should include exempted from criminal punishment and declared guilty simply,exempted from criminal punishment and punished by means other than criminal punishment,security measures applied to crime independently,etc,and we should maintain a clear understanding to their problems.