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全球化是新时代的重要特征,不单是经济,还有法律都应当全球化。各国间应加强相互交流,相互借鉴。目前,我国家庭犯罪的素件日趋增多难度增大,在实务中往往很难把握尺度,造成重刑的恶果,也给家庭、社会带来阴影,不利于和谐社会的构建。设想在家庭犯罪中引入辩诉交易制度,在“慎刑主义”原则下构建更具人性化的刑事诉讼体制,以期更好的维护法正义公平的本质进而实现司法的现代化。
Globalization is an important feature of the new era. It is not only the economy but also that the law should be globalized. Countries should strengthen mutual exchange and learn from each other. At present, the number of crimes of family crime in our country is increasing more and more difficult. In practice, it is often difficult to grasp the scale, resulting in serious consequences of severe punishment. It also brings shadows to the family and society and is not conducive to the construction of a harmonious society. Imagine the introduction of plea bargaining system in family crime and construct a more humane criminal procedure system under the principle of “cautious punishment” so as to better safeguard the fair and just nature of law and realize the judicial modernization.