摘要
1997年我国刑法修订时对文物犯罪作了相应的调整,在罪刑关系上更趋于协调和平衡,但我国文物犯罪刑罚处罚中仍存在着量刑失衡的问题,致使预防和打击文物犯罪刑罚目的的实现受到阻碍。主要存在刑罚量配置不协调、量刑情节笼统、法定刑设置不当及幅度大等问题。
Corresponding adjustments were made on relics crime in the revision of Chinese Criminal Law in 1997. The sentencing relation is getting more coordinated and balanced. However the penalty on relics crime still has the defect of sentencing imbalance, which hampers the realization of penalty aim of preventing and attacking relics crime. Main problems include ill - coordinated configu- ration on penalty quantity, general sentencing plot, improper setting and great range on sentencing.
关键词
文物犯罪
量刑
平衡
relics crime
sentencing
balance
