On The Criminal Policy Of Temper Justice With Its Realizing Mode

The criminal policy is one of the important achievements of modern civilization. The main function of the criminal policy embodied in the formulation and modifications of the criminal law, Law of Criminal Procedure and the penal law in order to fit in with the needs of the society, also give full scope to protect the community. Good criminal policy plays a big role in improving the quality of criminal legislation and criminal justice, and has a direct role in promoting the effectiveness of the criminal justice process. The main institutions of the implementation of criminal policy are the legislative assembly body, the judicial departments as well as the execution agencies. Besides, the criminal policy reality operation mainly manifests in the legislation, the judicature and the accomplishment, which are three aspects in the judicial activity.For a long time, "combining punishment with leniency" is basically criminal policy of our country and is thought firmly the criminal law the formulation basis in the criminal law of 1979, which has brought a positive role in the field of punishing economic order and social order with anticrime, ensuring a reform and openness composing in reply economic development cause's proceeding as planned and without a hitch and so on. After the 1980s, along with social reforming thorough, and the surfaces of each kind of new crime one after another incessantly, which give rise to worsen the social order suddenly. In the meantime, "striking hard" the criminal policy substituted gradually "has punished with spacious unified" the criminal policy. In "striking hard" under the criminal policy's instruction, ", from quick in fact laid undue stress on "the attack, to punish" severely legally", has neglected ", the protection spaciously". Along with society's development and human rights idea thorough, "striking hard" the list polarization's criminal policy even more demonstrated its unreasonable one side, especially with "construction harmonious society" the goal is uncoordinated even is conflicts. In the reconsiderations "striking hard" the policy lesson, develops the good and discard the bad the list polarization "striking hard" the policy, complies with European and American and even in the worldwide scale the criminal policy "gently layer on layer" the polarization tendency, and unifies our country to construct the socialism harmonious society the need, unifies our country's concrete national condition and the realistic crime situation, has chosen the criminal policy of combining punishment with leniency.This article divides into four chapters.The first chapter mainly talks about the summary of the criminal policy of combining punishment with leniency. It was discussed from two parts to this criminal policy, in order to bitterly understand the criminal policy of combining punishment with leniency. The first part talks about the concept and the classification of this criminal policy. The second part discusses the function of the criminal policy. The criminal policy has three aspect functions, namely guidance, adjustment and intermediary function. Because the criminal policy of combining punishment with leniency also belongs to the criminal policy, also has this function. The purpose of understanding these functions is the criminal policy to be more advantageously applying in the legislation, the judicature, and bitterly conducts instruction, legislation or judicature.The second chapter talks about the principal substance of the criminal policy of combining punishment with leniency. The first and second parts are mainly the meaning of this criminal policy and its content. The third part narrates the criminal policy of combining punishment with leniency and the Western country "gently layer on layer" the polarization criminal policy relations. There are two viewpoints about this question, one is that the two policies'spiritual essence is consistent, and another is that two policies have nothing in common. I approves of the first viewpoint, which is the two policies are interlinked. The fourth part narrates the theoretical source of the criminal policy of combining punishment with leniency rationale. Our country's criminal policy compared with the West "gently layer on layer", criminal policy's basic essence is consistent. Therefore, the paper introduces "layer on layer the polarization criminal policy rationale, the Western criminal activity policy experiences the classicism to arrive at the humanitarianism stage again gently" to the positivism, from prevented the special prevention generally, penalty's goal from the retribution punishment thought to the education punishment thought transformation, not only regarded criminal's personal liability, regarded the community responsibility, in carried on the correction again to the criminal, favored it to transform and to return the society. Like this has manifested the criminal law modest and restrained thought.The third chapter mainly talks about the significance of the criminal policy of combining punishment with leniency. First, the objective of constructing the socialism harmonious society in our country requests this criminal policy's statement. Second, "gently layer on layer" the polarization criminal policy popular in all over the world. Third, "striking hard" the policy carries on the bad result, and causes this criminal policy's statement, which develops the good and discards the bad. At last, our country severe sentence principle thought is ingrained, too many death penalty and the malignant miscarriages of justice cause the bad home international influence.After the acquaintance of the criminal policy of combining punishment with leniency by the above chapters, the fourth chapter elaborated that our country how to carry out this criminal policy. This chapter is key point of this article, and is divided into seven parts. In order to bitterly carry out the criminal policy of combining punishment with leniency, the government performs from the following seven aspects to elaborate separately under this criminal policy instruction, legislates to our country criminal activity to carry on the legislative forecast. It includes the legislation "the non-crime" and "the crime", manifests "the width" and "strict" the spirit; the punishment plants reform; penalty system's reform. This criminal policy is by "the width" primarily, may from the non-judicature, the non-crime, the non-penalty, non-imprisonment these four aspects manifest. How regarding does the wide strict Jinan's criminal policy in judicial domain's carrying out, I elaborate according to the criminal prosecution procedure. Including:Before the prosecution, the moderate expansion relative does not sue the scope, the establishment postpones the prosecution system; Places on trial in the process to determine guilt, the legal discretion of punishment plot, to deliberate the discretion of punishment plot the influence, sentences the suspension of sentence; The execution of punishment stage, advances the community to rectify unceasingly, the expanded parole is suitable.Finally, the last is the conclusion of this paper, which summarizes the main points of the full text.