| By chiefly reviewing the history of the theory and practice of criminal policy in China and West, the author finds that the common clue existing in the practice and theory of criminal policy of every country is the power at the back of criminal policy. By analyzing the power of criminal policy, the author tries to provide a thinking, get things into shape, and draw some preliminary conclusions for the establishment of knowledge of criminal policy system and research mode in China. The author advances that the so-called criminal policy refers to the general name for the norms, strategies, guidelines, plans and concrete measures that are made and implemented on the basis of preventing crimes, controlling crimes in order to guarantee freedom, maintain order, and realize justice. Criminal policy is closely related to power. Criminal policy is a public policy supported by power. All the criminal policies depend on the support of the organized and legalized power system. The power system at the back of criminal policy centers on national mandatory power, but not limited to it. The power system also includes all the powers of preventing and controlling crimes possessed by social organizations and individual citizens, and recognized by laws and customs. The author points out that we should conduct systematic analysis on different powers that support the decision-making and enforcement of criminal policy. Specifically, the value objectives of criminal policy ─ freedom, justice, and order should be taken as a standard to analyze the decision-making power of criminal policy and the enforcement power of criminal policy. The author advocates that state should reasonably allocate power to guarantee different powers to harmonize and check one another, and bring the operation of different powers into the track of rule of law.Recurring to the research fruits of policy science and the systematic analysis methods, the power system at the back of criminal policy in China has been analyzed. The author believes that the decision-maker of criminal policy in China is the state, which is the responsibility of the three power systems: the Communist Party; government; power organs. The decision of criminal policy should be democratized and be made scientific. The power system implementing criminal policy is a power system composed of the Communist Party, state organs, social organizations, and individual citizens. The state power system manifests the structure that the state organs such as public security organization, prosecutorial organization, and people's court divide the labor with individual responsibility, cooperate mutually, and check mutually under the leadership of the Communist Party and the leadership, organization, command, and coordination of people's government. In this structure, the executive power of government is very strong, but the status and the authority of prosecutorial organization and court are relatively limited. The social power is in an assistant position and plays a minor role. The individual citizen's power is to make good omissions and deficiencies.Through analysis, the author has drawn the following chief conclusions. Communist Party's way of leadership needs to be further reformed and perfected, and it's improper for the Party to intervene in criminal cases and to make instructions for concrete cases; The supervisory right of the power organs at different levels cannot constitute the interference with the executive organs, prosecutorial organization, and people's courts to exercise independently executive power, prosecutorial power, and adjudicative power; The executive mandatory power that is devoted to citizens' personal liberty must be restricted and checked, and such kind of power should not become the main method of the executive organs to realize their aim of public security. Public security should release the decision-making right of reeducation through labour. Reeducation through labour must be judicialized and the decision-making right of it should be exercised by people's...
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