The Study On Judicial Application Of The Criminal Policy Of Combining Punishment With Leniency

As a criminal judicial policy, the formation of combining punishment with leniency adapts the need for constructing the harmonious society and it provides system for protecting civil rights and maintaining social stability. As other policies, the criminal policy of Combining Punishment with Leniency has the theoretical foundation and social background. Criminal policy is macro and abstract, while judicial practice is specific and micro, so we need to give the appropriate attention about how to apply macro policy on specific case. The dissertation has six chapters, which can be divided into two parts.The first three chapters focus on the policy's concept, foundation and application principle, therefore this part can be viewed as general provision. The last three chapters are mainly about how to be implemented in various judicial stages.So this part can be regarded as the sub provision, which is the deepening and extension of the general provision. The first chapter introduces the concept and the problem. The concept is about definition of the ease standard, the strict standard and the meaning of the combineing. As far as the ease and the strict are concerned, the ease should be the mainstream, while the strict can not be ignored either. In addition, the criminal policy has it's own problems, for example, what is the specific criteria of the ease and the strict, how to balance form justice and substance justice,fairness and efficiency.Such issues are in need of deep discussing.The second chapter is about the foundation of criminal policy, which discusses from the theoretical and social basis. The theoretical foundation spreads up along the evolution of the western criminology,the modestly restraining spirit of the criminal law and the function of penalty,etc. The social basis mainly includes forms of crime,social structure and the protection of human rights,and so on.The third chapter introduces relative principles that the criminal policy should followed. This dissertation talks about the principles mainly from the rule of law, humanitarian, the effect of unity and impunity.It analysis how to follow such principles combining the cases as well. The fourth chapter describes how to implement the criminal policy in the prosecution. According to the spirit of the criminal policy, in the prosecution stage, the prosecuting department should base on the spirit of minimal catching and minimal appealing when dealing with the cases. In judicial practice, the policy is the unity of the ease and the severe. So when the judiciary carries out the ease idea to the minor crimes, at the same time, the judiciary has to attend to serious crimes, and gives them severe blow.The fifth chapter explores the application of criminal policy in the trial phase. The stage mainly demonstrates at two levels: combining punishment with leniency and the conviction, combining punishment with leniency and sentence. From the conviction, it includes two parts, namely whether or not crime and what will be the crime in general.From the sentence,it includes the application of specific penalty and the inflection of sentencing circumsmtance to the sentence. Based on the ease policy, judicial practice should reflect the spirit of light imprisonment.However,it is also important to reflect the severe side to the some crime, so as to play the deterrent effect of penalties.The sixth chapter explores how to carry out the criminal policy in the phase of penalty implementation. Traditional parole system has some defects,for example,there is legislation fuzzy, narrow in scope and lag in monitoring mechanism. As a result, the system should be improved, such as implementing the classification system of remission and building a sentence supervision mechanism. From the commutation system , the main problem is as follows: the application of inequality,the application of narrow scope and lack of oversight mechanisms,so the commutation system should to be improved and amended. As for the community rectification,there are some problems,for example,legislation lagging and narrow scope of application. So it is necessary to broaden the scope of application of community rectification and to improve the legislation.