作为刑罚的必要补充或替代,非刑罚处罚措施具备了防治犯罪应有的功能,体现了刑法公正、谦抑、人道的价值和刑罚个别化原则,满足了两极化刑事政策的需求。我国的非刑罚处罚措施主要体现在刑法第37条,具体包括训诫、责令具结悔过、赔礼道歉、赔偿损失、行政处罚和行政处分六种方式。但由于我国立法上对非刑罚处罚措施的种类和具体适用方式规定不足,司法工作中存在轻视非刑罚处罚措施的倾向,使其得不到应有的重视。应在对我国非刑罚处罚措施进行深入分析的基础上,借鉴国外的相关制度,在完善我国原有非刑罚处罚措施的同时,增加其种类,扩大其适用范围,并建立相应的监督机制,从而有效地发挥非刑罚处罚措施应有的功能,更好地惩治与预防犯罪。 Necessary supplement or replacement of punishment, non-penalty punishment measures have the functions of crime prevention and control, embody the principle of impartiality, humility, humane value and individual punishment in criminal law and satisfy the need of polarization criminal policy. The non-penalty measures in our country are mainly embodied in Article 37 of the Criminal Law, including six kinds of methods, including admonition, repentance, apology, compensation for damages, administrative penalty and administrative sanctions. However, due to the lack of provisions on the types of non-punitive sanctions and specific application methods in our country’s legislation, there is a tendency in judicial work to disdain for non-punitive sanctions so that they do not get due attention. On the basis of an in-depth analysis of non-punitive sanctions in our country, drawing lessons from the relevant foreign systems, while improving our original non-punitive sanctions, we should increase their categories, expand their scope of application, and establish corresponding supervisory mechanisms. We should give full play to the due functions of non-penalty sanctions and better punish and prevent crime.