摘要
为了依法严厉打击涉疫违法犯罪行为,"两高两部"的《关于依法惩治妨害新型冠状病毒感染肺炎疫情防控违法犯罪的意见》明确提出,在疫情期间要"依法及时、从严惩治"妨害疫情防控的各类违法犯罪,对于在疫情防控期间实施有关违法犯罪的,要作为从重情节予以考量,依法体现从严的政策要求。准确理解和把握"依法及时、从严惩治"的刑事政策导向,就要树立"审时度势"的思维方式,准确把握当前疫情防控的犯罪态势;要准确理解把握依法从严从快的方针;要正确适用"宽严相济"的刑事司法政策;要坚持依法治理、综合治理的统筹方法,实现法律效果、社会效果和政治效果相统一。
In order to severely crack down on illegal and criminal acts related to epidemic in accordance with the law, the "opinions" of the "two Supremes and two Ministries" clearly put forward that during the epidemic period, all kinds of crimes that hinder the prevention and control of the epidemic should be "promptly and severely punished". For the implementation of relevant crimes during the prevention and control of the epidemic, "being prompt" should be considered as a matter of priority and the strict policy requirements should be reflected in accordance with the law. To accurately understand and grasp the criminal policy orientation of "prompt and severe punishment according to law", it is necessary to establish a way of thinking of "studying and weighing the situation", accurately grasp the current criminal situation of epidemic prevention and control, accurately understand and grasp the principle of being severe and prompt according to law, correctly apply the criminal justice policy of "combining justice with leniency" and adhere to the overall planning method of governance according to law and comprehensive governance so as to achieve the unity of legal, social and political effects.
作者
严励
单佳
Yan Li;Shan Jia(Shanghai University of Political Science and Law,Shanghai 201701,China;Yantai University,Yantai 264005,China)
出处
《政法学刊》
2020年第3期28-34,共7页
Journal of Political Science and Law
关键词
依法及时
从严惩治
刑事政策导向
理解把握
Being Prompt in Accordance with the Law
Severe Punishment
Criminal Policy Orientation
Understand and Grasp
