Criminal Policy And Process

Criminal policy, as a cross-subject and cross-specialty synthetic subject, exceeds the range of criminology that particularly studies crimes and criminals and also exceeds the range of penology that studies the reform, education and control of criminals. So it's much difficult to research. However, facing the reality that our crime rate remains higher and human rights are now more and more recognized, law workers are responsible to break up the limitation of specialties and roundly grasp and understand the government's synthetic reaction to crime problems. So this doctor dissertation titled "criminal policy and its process" is trying to make a preliminary discussion on the concept, range and process of criminal policy. Following the principle of "to innovate in scientific research", this paper tries to make innovations in the following aspects:1.About the concept of criminal policyThe author first makes a review on the word "policy" from etymology and academic aspects. Then he makes a comprehensive review on the definitions of "criminal policy" by domestic and foreign scholars. Finally the author elicits his own definition of criminal policy: criminal policy is the strategies and measures taken by a public institution representing the power of nation in order to maintain social stability, realize social justice, and prevent, control and punish crime activities——and the altitude toward the concerned suspect, criminal, and victim. Surrounding this definition, the author further illustrates the inclusive meaning of the criminal policy concept: 1. The content of criminal policy is not only how to prevent, control and punish crime effectively, but also how to treat suspect, criminal and victim; 2. The ultimate purpose ofcriminal policy is to maintain social stability and realize social justice; 3. The policy-making subject of criminal policy is the public institute representing the power of nation; 4. Criminal policy is a system; 5. Criminal policy exists in the process. (See chapter 1) 2.About the range of criminal policyAfter analysis on different thinking and ideas on the range of criminal policy, the author brings up and proves the necessity of establishing a broad sense of criminal policy. According to the broad sense of criminal policy, the author further divides the criminal policy into 4 classes: criminal legislation policy, criminal justice policy, criminal execution policy and criminal social policy. Based on this, the author dissects separately the interior structure of criminal legislation policy, criminal justice policy, criminal execution policy and criminal social policy, and points out that each part is an organic integrity composed of several sub-systems. (See chapter 2)3.About the process of criminal policyThe author stresses on the establishment, execution, and evaluation of criminal policy to discuss deeply on the process of criminal policy. The object is to introduce the achievements and ideas of modern policy research to exploit the horizon of the criminal policy study in our country and promote science, systematization and standardization of establishment, execution, and evaluation of criminal policy. This part is divided into 3 chapters: In the chapter of "the establishment of criminal policy", the author points out that the establishment of criminal policy must observe 3 basic principles: science, law, and human rights. He analyzes the major elements that affect the establishment of criminal policy, clarify the general procedure of the establishment of criminal policy and finallydissects the existing problems in the criminal policy establishment of our country and offers some suggestions. (See chapter 3)In the chapter of "the execution of criminal policy", the author first introduces the general theories about policy execution. After clarifying the meaning in the process of criminal execution policy, he brings out 3 basic principles that must be observed: unification of object and method, integration of principle and fle...