National Criminal Policy Research

Chinese ethnic criminal policy,which does exist objectively,often directs the criminal legislation,the criminal judicature and the criminal execution in the ethnic autonomous regions of China and it also plays an important role in the above fields.Because ethnic criminal policy is the soul and core of ethnic criminal law,on the other hand,ethnic criminal law contains specific clauses and patterns derived from ethnic criminal policy,therefore,ethnic criminal policy is a direct instruction for accommodation of criminal legislation in ethnic autonomous regions.At present,"Less Arrest or Death Penalty and More Leniency" is the typical ethnic criminal policy in China,but the research on ethnic criminal policy shouldn't be limited in the scope of "Less Arrest or Death Penalty and More Leniency",instead,we should extend our scope of research to the formulation of a systematic theory on ethnic criminal policy.Ethnic criminal policy embodies the minority ethnic policy of the Chinese Communist Party and the Chinese nation in the field of criminal law. Although ethnic criminal policy belongs to a policy of CCP in nature,it can't merely be studied as a policy of CCP.It has its distinctive implication,which is supported by adequate theoretical and realistic bases and is worthy of extensive research.From the theoretical sense,the research on Chinese ethnic criminal policy can enrich the content of science of ethnic law and science of criminal policy;from the realistic sense,it can provide theoretical support for the accommodation of criminal legislation in the ethnic autonomous regions,effectively protect the human fights of ethnic minorities,and safeguard the national unity, harmony and stability in China.Science of Chinese ethnic criminal policy belongs to an interdisciplinary field of science of ethnic law and science of criminal policy.The study of Chinese ethnic criminal policy is in need of the research methods utilized synthetically science of ethnic law and science of criminal policy.This paper adopts multiple research methods such as normative and empirical analysis,methods of field work,analysis of historical documents etc.In this paper,the general idea is based on the concept of criminal policy and ethnic criminal policy,exploring the criminal policy of our national history,emphasizing on the structure of the national criminal policy,discussing separately the idealistic(should exist) rights and actual(which was the actual existence) fights of the national criminal legislation,the judiciary,the implementation of social policy and analyzing the national criminal policy values based on the above.The making of ethnic criminal policy should follow the basic legal principles and scientific principles,consider the minority characteristics, the factors concerning the formulation of the main body and the ethnic criminal policy,minority policy-making procedures,and other criminal elements.The paper also systematically discusses the ethnic criminal policy—"Less Arrest or Death Penalty and More Leniency." The last part of this thesis is the constructive concept of criminal policy,which expounds the possibility and the specific content of building the ethnic criminal policy system.This paper,apart from introduction and conclusion,is composed of seven chapters.The main contents are as follows:The introduction explains the reasons why choose "Chinese ethnic criminal policy" as the title;the feasibility and necessity of the research; the theoretical and practical significance of the subject and the present research on ethnic criminal policy which is focused on the study of "Less Arrest of Death Penalty and More Leniency" instead of a study from a systematic and comprehensive perspective in academic world.This part outlines the research ideas and introduces the research methods based on the theory of science of ethnic law and science of criminal policy.At last, the paper summarizes the main opinion and concludes the innovations and limitations of the thesis.The first chapter is "The Definition of Chinese Ethnic Criminal Policy",which is the theoretical cornerstone of the thesis.The foundation of analyzing and demonstrating its definition precisely is to compare the different opinions on criminal policies between China and foreign countries on the basis of the theories of criminal policies.Afterwards,the features and characters of Chinese ethnic criminal policy and its present situation and groundwork,the relation between Chinese ethnic criminal policy and criminal law are dissected.In China,the ethnic criminal policy has existed for a long time,but the concept of ethnic criminal policy has not been defined in academic world yet.It refers to the general name for the strategies,guidelines and measures formulated and implemented in the area of ethnic criminal legislation,judicature and execution with the aim of controlling and preventing the crimes in ethnic autonomous regions under the leadership of CCP.Chinese ethnic criminal policy is not only limited in how to effectively prevent,control and punish the crimes in minority areas,it should also include how to deal with minority suspects and offenders and how to treat the victims of the crime,such as respect for their religious beliefs and customs.ChapterⅡis "The Evolution of Chinese Ethnic Criminal Policy". In ancient China,the ethnic criminal policy was a series of measures taken under the guidance of the principle of conforming to the established customs,beliefs and practices of the ethnic groups,which was an important ethnic criminal policy put forwarded to handle the national relations in Western Zhou Dynasty,and this is the axis leading to the development of ancient Chinese ethnic criminal policy.After the foundation of PRC,the ethnic criminal policy with Chinese characteristic, which are more leniency,less arrest and less death penalty gradually formed,and penal leniency was applicable to minority citizens.In this part,a brief sketch of the formation of Chinese ethnic criminal policy is presented.By analyzing the evolution of ethnic criminal policy implemented in Liangshan Yi Autonomous Prefecture,Sichuan Province, a clear development context of Chinese ethnic criminal policy can be easily understood.ChapterⅢis "About the Structure of Chinese Ethnic Criminal Policy." According to the different domains of Chinese ethnic criminal policy,it can be demonstrated from four categories,which are ethnic criminal legislation,ethnic criminal judiciary,ethnic criminal execution and ethnic criminal community.The criminal policy which applies to minority offenders is particularly dissertated from the idealistic(should exist) aspect and actual(which was the actual existence) aspect,which should or has already existed in the above four categories,such as the execution of death penalty and the funeral of convicts on the death row etc.ChapterⅣis "The Value Analysis of Chinese Ethnic Criminal Policy ".Based on the statistics of quality and quantity on the effectiveness and feasibility of ethnic criminal policy,the value of ethnic criminal policy can be measured.As to it,the value of human rights, social order,justice and benefit are of vital importance.In the theoretical sense,the primary value is human rights;the most valuable one is justice; benefit is the criterion of evaluation;and social order is the direct demand of ethnic criminal policy.ChapterⅤis" The Formulation of Chinese Ethnic Criminal Policy". It should adhere to the principle of legality,science,and the consideration the features of ethnic groups.This part analyzes the factors which can affect the formulation of criminal policy,emphasizes the influence of minority customary law and clarifies its general procedure,which covers several interconnected and differentiated phases:defining policy. problems,establishing targets,designing proposals and legalizing the chosen ones.ChapterⅥis" The Ethnic criminal Policy of' Less Arrest or Death Penalty and More Leniency'" The policy is elaborated in details,that is, the minority offenders should and will be granted with more mercy when their penalty is measured.This is the consistent minority policy of our country,which aims at maintaining national unity,consolidating the stability in ethnic minority areas,and granting as much special favor as possible to ethnic minorities.We can have a better understanding for the policy after finding out how it gradually developed as it is now.Also,the importance,value and legalization of the policy are the concerns of this chapter.ChapterⅦis "The System Construction of Chinese Ethnic Criminal Policy".The construction of this part needs macroscopical theoretical support from national theory,science of ethnic law,national sociology and criminology,etc.The contents of the system includes the importance of ethnic criminal legislation policy,the principle of adaptation to local conditions,the policy of Less Arrest or Death Penalty and More Leniency,ethnic criminal judiciary,the policy of respecting minority religious beliefs and customs in law-implementation and so on.The conclusion is a summary of all the parts above,which expresses the main opinion of the thesis.The research on Chinese ethnic criminal policy is a subject of great theoretical and practical value.Here my research and discussion on ethnic criminal policy are merely basic and introductory one,therefore,some important contents are not possible to be taken into account.