View Of Criminal Policy Judicial Philosophy

The wondering of order is the permanent desire of every country, the seeking for justice is the unchanging aim of every society. With the establishment of the social-market economical system, various value standpoint, such as freedom, justice, safety and order, are drastically impacting. How to deal with crime with its specific sensibility has become the focus of the impact. The country and society make criminal policies as the organizational reaction to deal with crime. The purpose of criminal policies is to prevent and control crime effectively, the final goal is to keep the social order and improve the social development. This thesis analyses the rationality of criminal justice on the view of criminal policies, and talks on the judicial form of criminal policies rationality the legality requirement of judicial treatment to the accused. The article is based on the justice and efficiency, the balance-interest of nation, individual and society. It merges theory and evidence, systematization and extensiveness on the research. It deeply explores the situation and problem existing on the accused in out judicial justice and give advices to legalization of criminal justice and law-governing of criminal policies. The thesis choose the problem "Judicial Treatment of the Accused" as the beginning, it is the overlap of criminal policies and judicial policies, sociology and law. The motion of this article is to solve the problems met in the practice of justice, the goal and thesis value is to improve the relationship between criminal policies and law.The thesis is divided into five chapters. The first chapter is the definition of criminal policies, the second one and the forth one are the theory and theoretical analysis the formation, connotation, feature and ideas of judicial treatment. The third chapter is the core of the thesis. The finial chapter is the system building of our judicial treatment of the accused, it has practice signification.The first chapter is the definition of criminal policies. First, it introduces the foreign experts' different understanding of the concept and history of criminal policies. Second, it analyses the meaning and feature of criminal policies: the goal of criminal policies is to effectively prevent crime and to keep the social welfare and safety; the object of criminal justice is the crime in the practicing criminal law. In order to protect the higher value goal of social safety, however, we have to understand and interpret the criminal policies extending the criminal code, including the crime in criminalmeaning—aberrance and object of criminal justice—is a suspect of crime. There are various forms of criminal policies, not only on the criminal law, but also including the social regulation. The extension of criminal policies is not only criminal rules, but also social policies to prevent crime. The main body of criminal policies includes social public system and political object delegating national and social organization that supported by national power. The criminal policies have features of intention, system and open. Thirdly, the thesis analyses the function and effect of criminal policies. It points out that the criminal policies' beneficial effect to the society could not exist without crime. Its function are its leading effect to the establishment and modification of criminal code, the government of criminal justice and the brokering effect between criminal policies and social condition. The effects of criminal policies are general prevention to potential criminal and special prevention to prevent overlap crime.The second chapter is the judicial treatment in criminal policies. It begins with the history of criminal policies in judicial area, analyses passive justice in classical school, and active justice in evidence school. In the classical school, justice in criminal policies system is secondary and accessorial; in the evidence school, the importance of prevention is in an incomparable position. Then, it talks about the formation of judicial treatment, the concept of "treatment of criminal" is not general to common criminal, but is based on the special prevention. It means the combination of national treatments to make the criminals back to society. "Judicial Treatment" is a succession of criminal justices from putting on record to execute (or to reform), treatments from manhunt to justice. The concept of judicial treatment is the result of more mature and developing. Finally, it analyses the feature of judicial treatment and the position in criminal system. Judicial treatment has very important effect in criminal system with its intervention, complex target and extensive bound.The third chapter includes the theory and principle of judicial treatment. First it points out the concept of judicial treatment is the unification of equity and effectiveness. In the legal society, the justice is to reach the form right, but the criminal policies are to realize the effect to prevent and control crime. The judicial ideas in the perspective of criminal policies should be the "effective justice". The theory is based on the reasonableness of judicial treatment. The judicial treatment should be "righteous efficiency" in the legal society, which is the due of the existence...