Research On The Changes Of Criminal Policy Of The People’s Republic Of China

Criminal policy is a dynamic process and a historical category.In any modern country,criminal policy is a very important aspect that constitutes its criminal governance system.China’s criminal policy practice is different from the western background and form.During nearly 70 years since the founding of New China,with the change of the overall environmental and social situation,the criminal policy has changed with the times.The basic criminal policy has gone through the evolution from the combination of punishment and leniency policy to the strike-hard policy,and then to the combination of leniency and severity policy.This paper is devoted to research and reveal the inherent stipulation and relevance of criminal policy which is hidden behind the historical changes of this normative discourse and its practice.If we look at history and think deeply about the problems of criminal policy,we need to go beyond the previous norms,structure and practical experience,set the criminal policy into the long river of history and put it in the social and historical environment from the historical point of view,and expound its ontology and reveal its internal principles from the perspective of development and comparison.The observation and interpretation of the evolution experience of criminal policy and its operation from the historical perspective is helpful to the expansion of this research topic in theoretical thinking,especially to further thinking about its inherent values,conflicts of interest and operating mechanism.In China,the change of criminal policy means that the state has been making choices and trade-offs in the allocation and operation of penal rights.Because the criminal policy is the reflection of the whole environment of space-time,the conflict of social power interests and the compromise,which embodies the interest orientation and value preference of the decision maker under the action of many social factors,the result of criminal policy choice will inevitably have a great influence on the criminal legislation and the criminal justice system.The purpose of studying the changes of criminal policy since the founding of the People’s Republic of China is to sort out and summarize the characteristics of China’s basic criminal policy in different historical periods,grasp the context of its changes,reveal its laws,explore the internal causes of policy changes,and excavate the resources of criminal policy development and innovation in inheritance.The author’s research revolves around the above proposition.First of all,the introduction of this paper shows the main purpose,theoretical and practical significance.The present situation of criminal policy research of China is reviewed,the logical structure of the paper and the research methods involved.Secondly,the basic issues of criminal policy theory should be clarified to lay the foundation for the following formal study.This paper expounds the theoretical basis of this article,that is,the analysis and judgment and exposition of the article within the conceptual framework of the broad criminal policy.Criminal policy is a kind of political consideration,higher than criminal law,and a macro strategy for crime.The function of criminal policy in criminal governance can be summarized as "guidance","regulation" and "supplement".Although there are many criminal policy ideas in the traditional political theories in our country,even in the revolutionary era,there were also abundant criminal policy practices.On the basis of protecting the society and human rights,the modern criminal policy aims to solve the containment and prevention of the generalized crime phenomenon.Thirdly,after defining the basic category of criminal policy,the author explored the value objectives of criminal policy.The criminal policy plays a guiding role in criminal control,while the value goal guides the formulation and operation of criminal policy.The value goal of criminal policy is the expectation set by the subject of the criminal policy.The goals of criminal policy are multivariate,at the same time,there are conflicts and confrontations among different value goals with orders and ranks.Freedom and order are the basic values of criminal policy,and they have both opposite attributes and internal unity.Criminal policy prioritizes the protection of order,and criminal law is more inclined to guarantee freedom.At different historical periods,and under different social governance modes,the priority of freedom and order were different.In the context of modern criminal rule of law,order is the basis and means of value and freedom is the goal and ruler of order.Fourthly,in terms of basic criminal policy,since the founding of the People’s Republic of China,generally,there are three stages: the combination of punishment and leniency policy;the strike-hard policy and the combination leniency and severity policy.The author investigated the historical contents of these three basic criminal policies from three aspects: development process,connotation and essence and reasons for changes.Describe the historical trajectory of the establishment and transformation of the above criminal policy.Explained its basic content and spiritual essence,analyzed the measurement and trade-off of the value of free and order in the process of criminal policy mentioned above;and then commented on its role in criminal resistance in a specific historical stage.On this basis,the internal logic of the evolution of criminal policy is explored respectively.The criminal policy is based on a certain realistic foundation and concept other than isolated.Economic development and social structure changes in a specific period.At the same time,the reform of the ruling concept of the state,the grasp of the law of crime,and the transformation of the concept of crime and punishment have all promoted the evolution of criminal policy towards a more rational direction.Finally,based on the analysis of the motivation of criminal policy changes,the author grasped the trend of criminal policy changes,and looking to the future direction of contemporary Chinese criminal policy.First of all,the author summarizes the trend of criminal policy change since the founding of new China from the three dimensions of policy content,spiritual essence and value orientation.The policy content has achieved inheritance and transcendence in the sublation.Spiritual essence evolves with the development of the Times,but in general,it is the unity of preventing and controlling crime and safeguarding economic and social development.In terms of value orientation,it changes from the simple attention to order maintenance to the unity of rights protection and social defense,and returns to human care from excessive utilitarianism.At the macro level,that is,the position of criminal policy in China’s criminal governance system;The criminal policy of combining leniency and strictness should be promoted through the rule of law and institutionalization.Under the background of contemporary criminal rule of law,the value judgment of criminal policy should be placed in the criminal law system to promote the deep integration of criminal policy,criminal law and criminal law system.At the meso level,that is to say,the future impact of criminal policy on criminal law,we should devote ourselves to its critical characteristics and explore the nature of criminal law.At the micro level,that is,the model construction of criminal policy.In the view of modernization of governance,the mode of power allocation in criminal policy should rely on criminal justice mode.The operational mode of criminal policy should promote the daily governance mode and the criminal policy subject mode should be deepened into public participation mode.