On The Criminal Policy

The crime problems are becoming prominent in many countries besides China, which have the new characteristics of the overall increase of the criminal rate and new types of crimes, the traditional types of crimes present new peculiarity, the criminal law and penalty on the traditional mean for controlling the crimes appear incapable and we need do more research on the adjustment on the controlling manner centering around the criminal law. Therefore each country is trying to find new methods in preventing and controlling the crimes from the angle of the criminal policy. For a long period of time, due to the actual discrepancies in the country mentioned above which leads to the difference between the understanding and comprehend of the criminal policy, and the effectiveness of the criminal in each country is not so outstanding as we think. This article tries to do an overall systematic research on the criminal policy from the angle of systematic theory. The clue and thinking method of the article centers around the pursuit of the aim of the criminal policy, with studying the systematic factors of the criminal policy, it will deeply probe into the structure, functions, main body, object, condition, the processing procedure and evolvement of the criminal policy system, so that it can outline the exist and movement state of the criminal policy system or analyze in a comprehending way its static and dynamic states, and try to find a new scientific way to prevent and control crimes, to safeguard the social stability, to ensure the social system and achieve the freedom and justice in the end. The main aim of the article is to seek for the democracy, legal system, science and optimization of the whole criminal policy system, and ultimately achieve high efficiency, justice and the protection of human rights.The article consists of three parts and eight chapters.The first part (the first chapter) centers around and set forth the definition of the terms of the criminal policy and criminal policy system, which tends to confirm the connotation, extension, category and limit of the criminal policy system and set a basis for the overall study of the criminal policy system. This part consists of the first chapter. It firstly reviews and analyzes the definition of the criminal policy system home and abroad; then it studies the concept of the public policy closely connected with the criminal policy. It also further analyzes the main factors and relationship involving the criminal policy and by the mean of the systematic opinion to educe the concept of criminal policy to produce the concept of criminal policy system of the article. Such chapter is the basis of the whole article.The second part (including the second, third, forth, fifth, sixth and seventh chapter) deeply studies the complicated system and system factors (refers to the subsystem) of the criminal policy. Beginning with the factors of the criminal policy system, it penetrates into the structure, functions, main body, object, condition, the processing procedure and evolvement of the criminal policy complicated and huge system, so that it can outline the exist and movement state of the criminal policy system or analyze in a comprehending way its static and dynamic states by the way of integrated analysis of the static and dynamic states of the criminal policy system. The second chapter studies the criminal policy in a general way, and analyzes the concept and characteristics of the criminal policy system, the static and dynamic states of the criminal policy system. The third chapter mainly studies the factor, structure and function of the criminal policy system. The chapter mostly analyzes the factor, structure and function of the criminal policy system, and puts forward the basic factors of the criminal policy system should include the two big parts: the static and dynamic states. The static factors of the criminal policy system mainly include: aim, main body, object, measure and instrument. The dynamic processing factors (tatches) of the criminal policy sys...