| The first chapter is on the issues of the definition of criminal policy and the understanding of criminal policy models. Criminal policy has the characteristic of both empirical science and normal science. Due to the complexity of crime, the diversity of crime prevention methods and the integrity of people's expectation for criminal policy, the scholars have different opinions on the concept of criminal policy. To enforce the crime prevention function of criminal policy, we should understand the concept of criminal policy in a broader manner. The models of criminal policy are a highly abstract generalization of the intrinsic and organic relationship and operation manners among the elements of criminal policy. Such a study means a lot for the introduce of practical and valid crime prevention policies. I mainly resort to the methods stated in The Main System of Criminal Policy, written by Professor Mireille Delmas-Marty, to understand the models of criminal policy. He divided the models into Free Society State Model, Autarchy Model, Police State Model, Self-determination Society Model and Free Society Model. The division of models is only a kind of analytical method and has provided a general analytical manner for the selection of criminal policy.The second chapter first analyzed the process from the presentation of criminal policy ideas by enlightening ideologist to the current situation of criminal policy in western countries. Then the conclusion came that the ideas of criminal policy need to be changed and adjusted in accordance with the changes of social economic development and criminal situation. The most important thing for the evolvement of criminal policy is the evolvement of the purpose and functions of criminal policy and the involvement of criminal legislation and justice hereinabove. The decisive factors of all the evolvement lie in the changes of social economic foundation and political and cultural factors thereof. Western countries show different models of criminal policy in different stages of social development. Their adjustment of criminal policy models is under the premise and basis of deep changes in social relationship, and is the consequence of mutual action of ideology and social structure.The third chapter discussed the formation of criminal policy ideas as follows and their practice respectively: ideas of hard strike policy and of comprehensivemanagement of public security work, then analyzed the basic path of the changes of punishment, and in a deeper level the changes of criminal policy ideas in China from the view of the changes of punishment. I believe every kind of criminal policy roots in its corresponding special social and economic and cultural background, and is restricted by the development of culture, the evolvement of society and the characteristics of culture. It's the development of the economic society and the improvement of people's knowledge for crime that provide us a stand to evaluate all kinds of criminal policy. According to the formation of criminal policy and its practice in China, the main defect of our current criminal policy is that the political requirements obscured the study and the knowledge of rules of crime, and then covered the science which criminal policy shall follow;the emphasis on punishment decreased the application of crime prevention and other measures. Considering the analytical models by Professor Mireille Delmas-Marty together with the ideas and practice indicated by our current criminal policy, we can say that our model of criminal policy is in accordance with Autarky Model.The fourth chapter mainly expatiated that the social development itself would lead to changes of people's ideas and acts. Since it has become a rule that crime will go with the social development, the criminal policy whose core is crime prevention will certainly change together. Our country is under the process of social reformation led by the government. During such a process, the conflicts of all kinds of interest keep sharpening which has led to the sharpening of conflicts among people's ideas and actions. In the event that comparatively tighter social control goes to the contrary, people's acts varies greatly, which in turn will result in the prominence and complexity of social and criminal problems. During the process of variation, the challenge facing by criminal policy is unavoidable. But we must know that the social reformation of our country has something in common with that of western countries, which is towards the objective of modernization, while at the same time, they are different in nature, which lies that our country's reformation are led by the government. So the adjustment of criminal policy in our country has its own characteristic. Through a large quantity of positive analysis on the accumulation of social conflicts during such a process and on the crime and its characteristic, we can conclude that the criticism for our current criminal policy (1) mainly on the theoretical foundation, core ideas and value objectives in theory;(2) mainly on the contrast and gap between the commitment by the current criminal policy and the practical impact by its special measures. Such a criticism embodied as the challengeson the following aspects: the singleness of theoretical foundation and value objective of criminal policy, the exceeding of its status, the instantaneous character of crime prevention system and punishment, and the theoretical lagging of crime study.The fifth chapter is on the selection of criminal policy models, which shall be done under the understanding of crime and based on some theories and special reality. The correct recognition of crime is the premise to establish a scientific criminal policy. During the period of social reformation in our country, I think we shall not be eager for quick success and instant benefit from the purpose of criminal policy. For the selection of criminal policies, the theoretical basis shall be to found the authority of law, to show the spirit of humanitarianism, and to exert the restriction by rights on powers. The dual social structure where political state and citizens' society separate comparatively is growing up quietly since the formation and development of market economy. The national leaders of several eras of our country have gradually developed and promoted their executive ideas which provided practical economic, social and political foundation for the selection of criminal policy models.The sixth chapter states that the selection of criminal policy models depends on the establishment of values and in turn according to the values, selection principles are able to be formed inherently consistent with knowledge of crime, basis of theories and foundation of society, and finally the substitute model is able to be formed. The judgment of values of criminal policy is more realistic than theoretical, which is enough to influence how the state and the society make the decision. While the selection of values is absolutely not subjective guesswork or pure emotional action, and not simple extension of tradition, but is out of the purpose that no mutual conflict and contradiction between the objective and the rules. This article has stated that among the values of criminal policy, there are nature of order, arrangement and increase by degrees, and the values are mutually related and mutually restricted. The way of selection of criminal policy models is done: directed by value ideas;for the purpose of resolving problems inherent in the areas of state under conformation transfer and society respectively;taking the remodification of the roles of the state and the society as a guideline;and treating the people who constitute the society as dynamic resources. It is a new sort of state-society relationship in the area of criminal policy which is mediated by law system to redistribute the powers of the state and the society. Its principles are as follows: the principle of science, of timeand space, and of main body. Under these principles, the substitute model of criminal policy is to be formed, or in another word, the current criminal policy is to be developed the useful and discarded the useless. The so-called "substitute" or "developed the useful and discarded the useless" means the responsibilities of the state, of the society, and even of the social individuals included in the dual standard state-society model. While we only regarded it as a part of the crime prevention network and the dual standard state-society model takes different theoretical basis, realistic background, value objectives and reaction to crime from the current criminal policy. So to carry out the substitute criminal policy model, we need not only the selection and orientation of criminal policy models, but the systematism of criminal policy following the way as that: first, we should form a set of law system;second, we should make the law system really act;third, we should have the system to ensure the enforcement of law system;and last, we should promote the construction of nongovernmental organization, and develop the dispute-solving system and correction system beyond the judicial system. At the same time, it's the basic guarantee for the systematism of criminal policy to constitute the corresponding responsibility system;and it's the prerequisite for the guarantee of the criminal policy to be scientific to form a smooth information communication channel;and it's the dynamic resources for the criminal policy to reorganize all kinds of social classes.The seventh chapter stated that whether we could form a generally valid criminal policy regulation system timely during the process of reformation matters for the execution of criminal policy and the continuous stabilization of the society. The core and key point of our current criminal policy still focuses on the deterrence of criminal law and punishment. Such a detect at least let us know that the system development in crime prevention area in our country, on one hand depends on the role of the country in the process of systematism, the powers of the country resorts to and the comprehensive ability of criminal policy system;on the other hand, depends on to what extent all kinds of social classes will participate and the participant rate. While these issues are just problems should be considered during the construction of criminal policy system. It means not only the formation and forces of criminal policy, but the changes of powers distribution structure and the different responsibilities of the state and the society in different areas. The system of dual standard state-society model is mainly constituted as follows:1. The crime prevention system. First, the criminal policy with a basis of comprehensive management policy have given proposals on the professional construction of center and organization, and the execution of direction and service functions of comprehensive management. Second, have given proposals on the prevention systems like the restriction and supervision of the prevention of business crime, the attentive prevention of special folks, and scenery prevention to eliminate criminal conditions, the victim prevention with the transfer of angles, disputes-solving system and prevention during the intermediation.2. The crime punishment system. First, criminal law system mainly focuses on the criminality and non-criminality of substantial laws. It is considered that the main problem in our country currently is the insufficiency of criminality and some proposals were given on that. At the same time, starting from the nature of the punishment of the criminal, the guarantee of the rights and the procedural justice, some proposals were given on such procedural prescriptions as the restriction of the power of prosecution, the enhancement of the defensive ability of the suspect and the defendant, the guarantee of the indict rights of the victim and the powers of criminal investigation. Second, on the degree of punishment, I think that our criminal policy shall ascertain the degree according to the purpose of the application of the punishment: deterrence, prevention and society return, here I have stated the relationship between the polarized criminal policy and the policy of hard strike and I think that the hard strike policy shall be combined with the criminal policy of degree and strictness appropriation in the near future. As for the death penalty policy, I think we should restrict the application of death penalty currently in our country. Third, the significance of formation and application of non-prison punishment lies in not only the light go of punishment structure on the whole, but more important the chances given to the criminals to return to the society and the way and possibilities given to the society to participate the justice. Its significance still lies that it makes the country possible to reconsider the distribution of punishment resources which limit our limited punishment resources to serious crime to achieve the benefits of punishment. Considering the crime prevention, the article put forward to the significance of the judicial tendency of saving treatment system, the development of juvenile judicial system, the establishment of victim compensation system and civil and administrative law systems, and the assumption of system construction.3. The correction system with the society as a participant. The criminal correction system is the last and the most important part of criminal policy system,and is the last procedure of the execution of punishment. The correction system with the society as a participant focuses on the systematical construction of system construction, organization construction and methods of execution. The execution of non-prison punishment is the direct representation of the social parts and roles in the dual standard state-society criminal policy model through the correction system with the society as a participant. First, a complete assumption on the non-prison punishment system is put forward. Second, proposals are given on the construction of the correction system with the society as a participant. Third, a proposal is given on the gradually introduce and formation of ideas and systems of restorative judicial system.4. The development of systems closely relate to the operation of but beyond the criminal policy. The operation environment of the dual standard state-society criminal policy is not single, but on one hand, decided by the good development and stable degree of economic society and is dynamic like the social problems, the criminal problems and the social development;on the other hand is closely related to its operation and the match and the development of relevant systems since the content of criminal policy is limited just like that of other policies. The match and the development of relevant systems are expectable in a certain range. The operation of the dual standard state-society criminal policy needs the gradually development of political system reform, the persistence of judicial independence and judicial justice, and the reaction and cooperation of social policies. It's a realistic need to form a public recovery system of crime prevention. The values behind our related systems and our criminal policy will certainly change to some extent and tend to be united under the powerful forces of economic development and public consciousness.
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