On The Value Of The Penal Policy Of "Severeness And Speed"

The Penal Policy of" Severeness and Speed" is a long standing policy of Chinese criminal justice .The essay explores the value of it and analyzes some practical problems in justice. Accordingly some advice to amend the policy are made at the end. The essay admits the advantages of the policy for keeping the stability of the society. However, the disadvantages of the policy should not be ignored .The essay suggest to revise the policy in order to make it more effective in protection of the society and the human rights.The essay comprises 3 chapters:In chapter I the essay makes a definition of the policy and shows the context of it in China .Three characters of the policy are explored via the reviewing of the 3 "servely crime striking programme". They are : 1.It closely related to the politics ;2.It is just for special aims in a certain time;3. It is temporarily, abruptly and effectively.In chapter II 6 reasons for the policy are examed .The essay holds that the base line for "severeness" is substantive justice and for "speed" is due process .In chapter III some problems of the policy are showed :1.Ignorance of human rights protection for the severeness ;2.Ignorance of procedural rules for the speed;3.Stress the superficial instead of the rooted;4. Penalty just for the retribution. Accordingly ,two advices are made: to make the criminal policy an state & society-orientated policy instead of the state-orientated one; and to review the relationship between the policy and the principle of the penalty application.The essay mainly focuses on the value of the policy so the problems in the practice are beyond the coverage .