刑罰的分配正義與刑罰制度體系化

現代分配正義的核心在於合理分配社會制度與公民權利充分實現。應得懲罰的自由觀通過社會制度來分配正義，樹立權力與權利、權利與義務之間衡平的理念。刑罰分配正義的基本原則包括平等原則、平衡原則和參與原則。刑罰配置、刑罰裁量與刑罰執行階段各有不同的分配基礎和要求。刑罰配置階段應立足於刑罰一體化及刑罰權行使與當事人權利保護之衡平，對刑罰制度作出總體佈局和具體安排。刑罰裁量制度要兼顧實體與程式，圍繞公正量刑與保護參與主體權利進行分配和構建。刑罰執行的目標是刑罰效果最佳化，圍繞刑罰效果與罪犯回歸社會進行制度分配和構建。我國刑罰制度的改革與完善主要包括:完善刑罰體系和結構、個罪之刑罰配置和當事人權利保護制度；設立專門的量刑改革機構、量刑區分責任刑與預防刑、實行定量與自由裁量併合以及完善量刑的程式規則；設立統一刑罰執行制度、確立社區刑罰執行制度、健全刑罰執行程式規則和建立行刑評估制度。

The core of modern distributive justice lies in the rational distribution of social resources and the full realization of civil rights. The liberal view of deserved punishment distributes justice through the basic system of society and sets up the idea of right departmentalism, which has important practical significance. The basic principles of justice of penalty distribution mainly include the principle of equality, the principle of balance and the principle of participation. There are different bases and requirements for the allocation of penalty, penalty discretion and penalty execution. The stage of penalty allocation should be based on the integration of penalty and the balance between the exercise of penalty power and the protection of the parties， rights, and the general layout as well as the specific arrangement of penalty system should be made. The punishment discretion system should give consideration to both substance and procedure, and should also be built based on just sentencing and protecting the rights of participants. The goal of penalty execution is to achieve the best effect of penalty and to develop the system based on the effect of penalty and the return of criminals to the society. The reform and improvement of the penal system in China mainly call for: perfecting the penal system and structure, the penal disposition of individual crime and the party's rights protection system ； to set up a special sentencing reform organization, to distinguish between responsibility and prevention, to implement the combination of quantification and discretion ,and to improve the procedural rules of sentencing； to establish a unified penalty enforcement system ,to establish a community penalty enforcement system, to improve the procedural rules for penalty enforcement and establish an execution evaluation system.