论适用刑法人人平等原则改样稿.docx

摘 要
适用刑法人人平等标准是中国刑法基础标准之一，是中等标准是指任何罪犯全部应平等地适用刑法追究刑事责任，依法定罪、量刑和行刑，不许可任何人有超越法律特权。在刑法适用活动中这一标准发挥了关键指导和约束作用。文中着重从定罪、量刑和行刑三个方面分析适用刑法人人平等标准适用情况，并提出在刑事司法中落实适用刑法人人平等标准需要注意部分问题。适用刑法平等标准，既是社会强烈愿望，也是社会市场经济下客观要求，是依法治等标准，改善以往司法实践中存在问题，关键采取以下方法：确立平等立法规则，确保立法合理性和规范性；严格执法，反对任何形式上特权；加强执法者法律知识培养，提升其思想觉悟；全民普及法律知识。
关键词：适用刑法；平等标准；刑事司法；人人平等
On the principle of equality in the application of criminal law
Abstract
The principle of equal application of criminal law is one of the basic principles of criminal law, is the basic requirement of the judicial system in china. The principle of equality applicable criminal law refers to any criminals should be equal to the applicable criminal law shall be prosecuted for criminal responsibility according to law conviction, sentencing and execution, people will not allow any privilege beyond the law. This principle has played an important role in the guidance and restraint for activities in criminal law. This paper mainly from the three aspects of conviction, sentencing and execution of application of the principle of equality in the criminal law, and puts forward some problems in implementation of the principle of equality in criminal law in criminal justice needs attention. The principle of equality in criminal law, which is the strong desire of society, is the objective requirement of the social market economy. It is the need of ruling the country by law and building a socialist legal system. Should strictly implement the principle of equality, improve the problems existing in the judicial practice in the past, mainly to take measures as follows: establishing equality of legislative rules, to ensure the rationality of the legislation and normative; strictly enforce the law, the privilege against any form of; strengthen the enforcement of law knowledge culture, improve their ideological consciousness, popularize legal knowledge.
Key words：The application of criminal law; the principle of equa