Outline Of Criminal Policy

Just as the famous scholar Lizt has ever pointed out, criminal policy is the total of principles which the States and the society take to fight the crimes. Facing the rapidly increasing of the crimes nowadays,the criminal law doesn't work effectively in many cases, while criminal policy has been proved more and more effective in punishing ,preventing crimes and reforming the criminals.So it is a natural mission for the scholars of the criminal law to explore criminal policy systematically. Athough researches on criminal policy have made much valuable progress, many articles and works have been published, and the author holds that most of the studies are conducted theoretically; theories can obtain their Vitality only when they are applied to reality.The author tries to constract his own system of criminal policy.He starts by discussing the definition of criminal policy, reviewing its history,including the history of Chinese and western criminal policy , and then explores its theoretical basis,analysis several concrete criminal policies,finally, the author makes his own conclusion on the future tendency of Chinese criminal policy. This dissertation is mainly divided into five chapters:Chapter One, which is the basis of the whole dissertation, discusses the definition of criminal policy. The author enumerates and makes a detailed comparison of many definitions of policy and criminal policy made by domestic and foreign scholars, and then gives his own idea; he considers criminal policy as the total of policies, principles and strategies and its operating process.Chapter Two, reviews the history of Chinese and western criminal policy.In this chapter, the author divide the western criminal policy into modern western criminal policy, criminal policy after World War II and contemporary western criminal policy;As for the Chinese criminal policy,the author divide it into Chinese ancient criminal policy, Chinese modern criminal policy,criminal policy in revolutionary war periods and early years of New China,criminal policy since China takes the reform and open policy and criminal policy in harmonious environment.It can help us to understand our criminal policy clearly by reviewing the hostiry.Chapter Three, discuss the theoretical basis of criminal policy.the author explores the constitutional basis first, he holds that criminal policy is restricted by constitutional law, it must be based on constitutional law. It has been put into the Constitutional Law that the States respect and guarantee the human rights, so the principle of human rights urges criminal policy to protect human rights.As for the legal basis of criminal policy, the author mainly discusses relation between criminal policy and the criminal law, he expires the legalization of criminal policy, and so on.In this chapter,the author also discusses the criminology basis, he inspects the original and development of criminology,and then explores the relation between ceiminology and criminal policy, he points out that different theories on the reasons of crimes leads to different types of criminal policy.Chapter Four, the dissertation makes a comprehensive inspection on some concrete criminal policies, mainly including the criminal policy of comprehensive program of public order, the criminal policy of crackdown on criminal activities by law enforcement departmens, the criminal policy of applying the death penalty.Chapter Five, which is the last part of the dissertation, makes a comprehensive reconsideration of China's current criminal policy. The author discusses the general features and rules, and points out a serious malpractice of our criminal policy.In the end, the author makes a forcast on the future tendency of China's criminal policy.