Exemption from punishment means that there is no need to prevent the actor's conduct. Being convicted but exempt from punishment in judicial practice is not justified, as labeling theaccused with a criminal tag would leadto serious negative effects, and it alsoblurs the line between right and wrongin judicial practice and would not make contribution to the realization of the purpose of punishment. Exemption from conviction and punishment is based on the theory of determining the crime according to the predetermined punishment. It advocates that when the actor's conduct should be exempt from punishment, there is no need for prevention in the sense of criminal policy. This is the judgment of innocence from the perspective of prevention-oriented punishment, which should become a cause for elimination of responsibility in criminal law. The contemporary interpretation theory of criminal law should value the necessity of prevention in the sense of criminal policy and establish the interpretation concept of exemption fromconviction and punishment. To make the accused be exempt from conviction and punishment, the police, the procuratorateor the court needs to respectively conclude in different litigation stages that the case is dismissed, or the prosecution is not initiated or the accused is found not guilty.%免除处罚意味着行为人的行为并无预防的必要性, 司法实践中的定罪免刑并不具有正当性, 把被告人贴上犯罪标签会带来严重的消极影响, 带来司法实践中的"和稀泥", 也无助于实现刑罚目的.免刑免罪立足于以刑制罪理论, 主张当行为人的行为应当免除处罚时, 就不具有刑事政策意义上预防的必要性, 这是预防刑视域下的无罪判断, 应当成为刑法中的罪责阻却事由.当代刑法解释论应当重视刑事政策意义上预防的必要性, 确立免刑免罪的解释理念.免罪免刑需要公、检、法等机关在不同诉讼环节分别作出撤销案件、不起诉与无罪判决等处理结论.
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