中国刑法重刑化与积极化趋势探讨：严厉与宽松的平衡

Compared with the criminal legislation of other Western countries, the criminal law in China tends to emphasize heavy punishments, which creates a contrast between 'strictness without severity' and 'severity without strictness.' As a result, advocates of a proactive perspective on criminal law often propose the legalization of lighter offenses, as a means of filling the gaps in punishment. On a practical level, the proactive nature of criminal legislation in China is an undeniable reality, driven by the need to respond to emerging risks in various fields or to meet the widespread demands of the public. Rather than rejecting this trend outright, it is preferable to accept the reality and explore ways to minimize the negative impact of proactive legislation from the existing system.