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The Value Of The Criminal Policy Analysis

Posted on:2005-08-01Degree:DoctorType:Dissertation
Country:ChinaCandidate:H L HouFull Text:PDF
GTID:1116360122981881Subject:Procedural Law
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In addition to the preface and the conclusion, the dissertation is composed of four parts.The preface concerns on the background, aim and basic programming. To find the way to make criminal policy accord to human's aim, it is necessary to analyze criminal policy from the view of axiology.The first part is the methodology, concerns on the method of value analysis,which is comprised in the first chapter. Value is object's usefulness to subject, is a sort of connection property that is derived from the mutual relation between the object's property and the subject's need. In the many categorizations, it is very important to build scientific theory frame work of value analysis that categorizes the value into value aim, value reality and value criterion by the class and state. The whole frame work of value analysis comprises at least following matters: the ontological study of the object, affirming to the value aims, description of the reality, abstract of the value reality, value judge, enactment of value criterion and setting of criterion.The second part is on the object, i.e. the basic theory of criminal policy, concentrates on the ontological study of criminal policy. The ontological study keeps basically to three principles. The first principle is using the work of policy and study criminal policy in the frame of policy. The second is confining policy and criminal policy from the view of their difference from law and criminal law. The last principle is combining static definition study and dynamic processing analysis to hold criminal policy comprehensively. The second chapter of the dissertation is the primary defining on policy and its difference from law. Policy is the strategy in solving social problems that social public authorities constitute. The primary differences of policy from law lie in three aspects: subject, content and source. The third chapter is on the definition of criminal policy. Basing on the packing up and analyzing the existing definitions, from the view of difference from criminal law, and taking the properties of criminal policy into account, the dissertation concludes that criminal policy is the strategy that social public authorities make use of penalty, un-penalty method and other social means to prevent and control crime. The difference of criminal policy from criminal law lies in ten aspects: subject, object, means, the properties of content, source and the constituting procedure, etc. In the frame of rule of law, criminal policy is the forerunner and supplement of criminal law, and criminal law is the sublimation and limit of criminal policy. Integration, agility, opening, directing and calling on are the primary properties of criminal policy. Directing function, adjusting function and symbol function are the three basic functions of criminal policy. The fourth chapter analyzes the process of criminal policy in the frame that divides the process of criminal policy into constituting, implementing and changing phases.The third part is on the criterion, i.e. value aims of criminal policy, concentrates on the value aims of criminal policy as the criterion of value analysis on criminal policy. The fifth chapter is the general study of value aims of criminal policy. Value is meeting to human's need, therefore we could hold greatly the essential content of value by pivoting upon human's need. In the light of the difference in the content or subject, human's need in the view of criminal policy could be categorized into two classes i.e. economic need and ethical need or two aspects i.e. order need and freedom need. Accordingly, the value aims of criminal policy could be classified as two layers i.e. efficiency and justice or two sides i.e. order and freedom. In the frame of rule of law, the value aims of criminal policy should keep to the pattern of taking efficiency firstly while giving some attention to justice and taking order firstly while giving some attention to freedom. The sixth and the seventh chapter study order, freedom, efficiency and justice as value aims of cr...
Keywords/Search Tags:Value, Value Aim, Value Analysis, Criminal Policy, Order Freedom, Efficiency Justice, Comprehensive Administration of Social Security Combining Punishment And Leniency, Severe Punishment
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