Review Of Theoretical Problems On Criminal Policy

After being put forward as a special term by Feuerbach since 1803, criminal policy has been definited differently according to different scholars because of their respective living age and academic background, A simple theory summary can't express this definition thoroughly. We should introduce value conception based on the formulation of criminal policy, not only attending to the historical development but inducing it logically. Hence it could be definited as a collection of various measures and tactics that nations and social organizations adopt to guard against crimes based on certain value targets. The development of criminal policy has three phrases: rationalism, positivism and humanitarian. We are right in the humanitarian period whose theme is non-criminalizatoin, non-penalization and non-custodization and whose main tendency is to punish heavy offense severely and treat minor offense with leniency. Throughout the world, there are several essential principles for criminal policy activities—be scientific; rule-by- law; humanitarian; be rational. According to above theory, we find that "strike-hard" policy of China is similar to the "punish-heavy-offense-severely" policy of western nations. The former is the demonstration of the latter, it gives no cause for much criticism and has played a role in consolidating people's democratic dictatorship, enhancing our party's authority, keeping social order and protecting people's right. But on the other hand, it also has some weaknesses on decision-making, cost and harmonization with rule-by-law, andso has considerate negative effects. In conclusion, we should reform "strike-hard" policy form the following five aspects: one, fix the aim correctly; two, restrict the target strictly; three, concoct the crime with reasonable kinds and degree of penalty; four, establish a whole course appraising mechanism; five, normalize this policy.