| This article is composed of three parts:preface,text and conclusion.The preface mainly states why the author raises and studies the issue of the criminal policy of "strike-hard",what the value of the study is and how the study is carried out.The criminal policy of "strike-hard" is an effective resort to maintain social security and control crime rate,and an important measure to keep the life,health and property of the mass safe, and therefore on the long run,it must be adhered to.Such policy enjoys solid theoretical ground and huge practical value.Meanwhile,when implementing the views of scientific development and constructing a harmonious society,we must also make clear the interrelationship between this policy and comprehensive treatment guideline and policy of combination of leniency and harshness.More legal effect and social effect of the policy can be exerted with the guidance of the basic criminal policy of combination of leniency and harshness,and continuous enrichment and development of the policy of "strike-hard".The developing situation compels us to do in-depth,systemized and rational research on these issues. Empirical study,comparative study and basic study were adopted for studying methods.The text consists of six chapters.Chapter 1:Introduction of the "Strike-Hard" Policy.The author first discusses basic definition of the "strike-hard" policy."Strike-hard" is short for "legally strike criminals severely endangering social security to the heaviest and fastest extent".The "strike-hard" referred in this article mainly means "strike-hard" in the aspect of criminal policy,i.e.,criminal policy of "strike-hard",however,for the completeness of the dissertation, "strike-hard" in practice level(i.e."strike-hard" campaign) is also involved. Its basic content includes "heaviest","fastest",and "hardest",basic proceeding requires basic facts to be clear and basic evidences to be conclusive.Second,three major features of "strike-hard" policy are concluded:coexistence of practice foundation and policy foundation, changing from an emergency policy into a long-term policy,embodiment of combination of policy and law.Meanwhile,after the review of "strike-hard" policy in relevant countries and regions such as USA,Japan and Germany,it is concluded that the "strike-hard" policy is normal response of each country towards the severe situation of crime committing and certain specified crime(s),and having individuality as well as general regularity in each country.Chapter 2:Formation and Development of the "Strike-Hard" Policy. The author believes that the ancient ideological root(i.e.cultural root) of "strike-hard" mainly represents as criminal policy ideology such as "to decide the propriety on penalty according to the standard that things change as time flies","executing cruel torture to decrease crime rate,carrying out death penalty to stop killing","attacking steals and violent crimes as top priority","heavy penalties of robbery",etc.;its idea develops from rich accumulation of practice during revolutionary war period and Suppression of Counterrevolutionaries Movement;its practice foundation rest with the reality of rampant crime committing during social transition;its mass foundation lies in the will of the mass,requesting the country to severely punish serious offences and crimes and to maintain the stable situation of social security.Meanwhile,the idea of the then-current central major leaders functioned as an important driving force during the formation of "strike-hard" policy,and finally led to the issuance and implementation of central "strike-hard" policy and "strike-hard" related laws of the country.Chapter 3:Theoretical Foundation of "Strike-Hard" Policy.The author cuts in by the relationship between "strike-hard" policy and criminal policy and reasons the interrelationship between the two policies and scientific ground for "strike-hard" policy.It is believed that "strike-hard" policy embodies the order value of criminal policy,"strike-hard" policy is a specific criminal policy,formulated and implemented mainly according to factors such as cause of crime,crime pattern and penology principle,etc. during a certain historical period of some country.Then the author argues that three major theoretical foundation of "strike-hard" policy are:theory of protecting human rights,theory of rule by criminal law and theory of due process.The theory of protecting human rights requires that "strike-hard" of crimes to be carried out on the condition of respect and guarantee human rights,to be represented more in guarantee of the rights of the aggrieved person and most citizens,and to adapt to the requirements of the policy of venial penalty.The requirements of theory of rule by criminal law for "strike-hard" policy mainly show in legal principle and principle of suiting punishment to crime.And theory of due process requires that during "strike-hard" campaign,deprival of or restriction on important rights such as life,freedom,property,and etc.of citizens must be decided through certain proceedings,whether such deprival or restriction is carried out separately or is of common property.Meanwhile,such proceedings must be justified,whose essential requirement is that the party under "strike-hard" acquires the opportunities of being informed,oyer and defence.Chapter 4:"Strike-Hard" Policy and Comprehensive Treatment Guideline of Social Security.The author first discusses the concept of comprehensive treatment of social security,considering "comprehensive" as the core category of the said concept,and "security" as the nature of comprehensive treatment of social security.Second,on the basis of exploration of the formation and development of comprehensive treatment guidelines of social security of this country and relevant policies of comprehensive treatment at abroad,the author discusses the status, significance and scientific ground of comprehensive guidelines of social security.Last,the author puts much emphasis on and studies the relationship between "strike-hard" and comprehensive treatment of social security:the two are consistent with each other and are of the relationship of including and included,guiding and guided,which is represented in: "strike-hard" takes comprehensive treatment guideline of social security as its guidance;the comprehensive treatment guideline of social security takes "strike-hard" as the prior operation,for "strike-hard" is not only the condition for effective deterrence of crime and intensify the effect of comprehensive treatment,and also under the situation of severe social security in reality and limited judicial resources,"strike-hard" shall be emphasized more in applying "strike-hard" and other comprehensive treatment methods of social security;"strike-hard" and other comprehensive treatment methods of social security supplement and compliment each other.The author specially discusses the relationship between "strike-hard" and crime prevention,especially considering that crime prevention is an important part of comprehensive treatment.It is believed that the relationship between the two needs to be specifically analyzed under specific circumstances,there is no order relationship,rather, they two shall combine and process together.Some minor crimes,crimes with a little harm or crimes committed by those with little subjective malice rely on prevention,however,strike shall be taken as primary measure for some existing major malicious cases.Chapter 5:Practice of and Reflection on of "Strike-Hard" Policy.The author first reviews 3 "strike-hard" campaigns held uniformly in the whole country in 1983,1996 and 2001 and a series of special rectifications and special control campaigns,and thinks that the main problem of "strike-hard" in China is about practice or,in other words,implementation. There should be nothing wrong with the "strike-hard" policy,rather,it's a matter of continuous perfection and evolution with time.Then he concludes some experience of practicing "strike-hard",such as giving equal importance to comprehensive treatment on one hand and "strike-hard" on the other,strengthening legislation,highlighting key points of "strike-hard", by fully utilizing information technology carrying out "strike-hard",etc., are all worth affirming and adhering to.However,at the same time,some problems appearing during the implementation of "strike-hard" should also be regarded and reflected,such as inappropriate design of the target of "strike-hard",violating the law by law executors during "strike-hard", serious phenomenon of "stress strike and belittle prevention" and bad cooperation among police and justice,etc.On this basis,the author believes that carrying out "strike-hard" campaign accords with the then-current social and historical situation,adhering to the "strike-hard" campaign answers for the requirements of criminal policy of combination of leniency and harshness,therefore,it is absolute wrong to deny "strike-hard" campaign,especially its policy.We should stick to "strike-hard" campaign as always and develop "strike-hard" policy continually. Chapter 6:"Strike-Hard" Policy and Combination of Leniency and Harshness Policy.The reason for the author to study this issue in last chapter is based on the consideration of basic logical relationship that "the policy of combination of leniency and harshness is a basic criminal policy in our country at present,and is also an inevitable result of the development of 'strike-hard' policy".The author first studies the concept and nature of the policy of combination of leniency and harshness and believes that in nature,it is an embodiment in the filed of criminal policy of the requirements of "people oriented" in harmonious society.Then the author also studies the main content of the policy of combination of leniency and harshness and believes that combination of leniency and harshness mainly means to treat criminal crimes differently,not only to effectively strike and deter crimes,and to maintain the seriousness of the legal system but also to decrease social antagonism as much as possible,to turn negative factors into positive ones,and to realize the unification of legal effects and social effects,namely,decide appropriate punishment,be lenient where should be lenient,be harsh where should be harsh.Third part explores about the formation and development of combination of leniency and harshness policy.It is believed that the policy was represented by suppress and leniency policy during the forming period and combination of suppress and leniency policy in the developing period,then the combination of suppress and leniency policy developed to combination of punishment and leniency policy,and finally transited to combination of leniency and harshness policy nowadays.Fourth part discusses the relationship between "strike-hard" policy and combination of leniency and harshness policy.It is believed that the policy of combination of leniency and harshness is the historical development of "strike-hard" policy.It certainly includes the content of "strike-hard" policy,and these two are of the relationship of basic criminal policy and specific criminal policy.The latter has to be bound by the former."Combination of leniency and harshness" policy is put forward on the basis of absorbing experience and lesson of "strike-hard" criminal policy and making up the shortage in its realization forms.Besides,"combination of leniency and harshness" policy and "strike-hard" policy both show the concept of criminal policy "emphasizing heavy punishment".Viewing from the stricken object of "strike-hard" criminal policy and the applicable object of "harshness" in the criminal policy of "combination of leniency and harshness",these two are successive.In fifth part,the author discusses the development of "strike-hard" policy.It is out of consideration that "strike-hard" policy is an essential part of the policy of combination of leniency and harshness.The content of "leniency" in the policy of combination of leniency and harshness also needs to perfect and develop continuously.This is the development of "strike-hard" policy,and a supporting point of basic theory on which we must adhere to "strike-hard" policy for a long term.The author believes that the legalization of" strike-hard" policy and respect and guarantee human right in "strike-hard" campaign are main content of developing and perfecting "strike-hard" policy.
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