A Comparative Study Of Sino - US Criminal Policy

Nowadays, Chinese society is in the period of social reform and development. In the tide of reformation, people never give up for a steady social pursuit. Great changes of the social areas inevitably have brought a series of problems, one of which is the rising crime rate. Therefore, formulating a scientific, rational criminal policy, effectively dealing with the crime situation challenge, are important means of building a harmonious society. In the field of crime control, the United States has accumulated rich experience in recent years. Its criminal policy has shown certain effect. This paper attempts to compare these two criminal policies, seeking an objective, self-examination perspective of the criminal policy, meanwhile looking for the existence of contemporary criminal policy in China. The purpose of this paper is not to offer up a solution to this problem, but to stimulate futher discussion on this topic.This paper is divided into six chapters.The first chapter shows the theory basis of criminal policy. First, the paper provides the introduction and analysis of theories bases of criminal policy, trying to explain the necessity of criminal policy comparation. Secondly, the understanding of the concept of criminal policy are analyzed and interpreted by scholars at home and abroad, and the paper shows its own understanding on the definition. Finally, this paper explains the value of comparation between American and Chinese criminal policies and anlyses relevant internal value and external pressure, showing the reason why this comparation is conducted.The second chapter provides traditional origin of the criminal policy review. The traditional origin of the criminal policy not only means the historical experience, but also lives in the field of criminal policy of modern countries, influencing the criminal policies all over the world. Therefore, this article focuses on laying the theoretical foundation of criminal policy, starting from the early penalty thought, turning to classicism, positivism and humanism of criminal policies.The third chapter selects some representative criminology theories, which explains the reasons of crimes and provides the basis for further discussion. In this chapter, the crime society’s most influential thoughts are introduced, such as the Chicago school’s theories, the strain theory, culture and subculture theory, labeling theory, conflict theory and control theory. In addition, this article also selected the social psychology of crime and environmental criminology theory as a theoretical support.The fourth chapter resists about the American criminal policy of the day. In the considerations, criminal policy is examined in public policy area, since the criminal policy is considered as a special part of public policy. Then, it introduces the polarized criminal policy of United States, of whom two aspects were summarized. Finally, this chapter discusses American criminal policy in American political and legal system.The fifth chapter relates to Chinese modern criminal policy. First, the Chinese contemporary criminal policy is carried out, and then this article discusses Chinese characteristic criminal policy practice, summarized the culture tradition, the development trend and the law basis.The sixth chapter returns to the comparison of Chinese and American criminal policies. Here, this chapter uses three points to show the inspiration of American criminal policy:the research methods, operation practice and policy content accordingly.In summary, this article mainly focuses on the comparison between American and Chinese criminal policies, in view of the difference between the two sides. It has made a preliminary attempt to perfect our criminal policy. In fact, there are two innovation thinking perspectives:considering the United States of America prosperous criminology research as the basis for understanding the content of the criminal policy of the United States; examining the characteristics of criminal policy in a public policy perspective. On this basis, this essay trys to improve our criminal policy and proposes substantive and procedural aspects of the proposal.