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The Width Strict Aids The Criminal Policy Judicial Realization

Posted on:2011-03-30Degree:MasterType:Thesis
Country:ChinaCandidate:H F DiFull Text:PDF
GTID:2166330332968602Subject:Marxist theory and ideological and political education
Abstract/Summary:PDF Full Text Request
The state criminal policy against crime control strategies and measures taken, the criminal policy guidance to the criminal law, co-responsible for the prevention of crime and crime control functions. The Criminal policy is in the context of building a harmonious society, to tools of the dictatorship of the negation of criminal law and human rights protection of the Establishing of the theoretical basis, with penalties and penalty utilitarian theory of Modesty is important ideological foundation of the initiative. The Criminal policy implementation, building a harmonious society is a necessary requirement for criminal justice, but also the inherent law of its own criminal justice activities, a necessary requirement. Careful study and accurate criminal justice activities, to temper justice with mercy for the criminal policies for the effective prevention of crime, build equity, justice and harmony of society are of great significance.This paper has three key features of the The Criminal Justice Policy implementation was discussed. First, The Criminal Justice Policy and Implementation Science and Education. The Criminal Policy is part of a new category, was given a new meaning and spirit of the original punishment with leniency policy of the new development. "Temper justice with mercy," the main meaning is "the strict is strict, when the width is wide; strict in width, wide and strictness; translation has degrees Strict time trial." Criminal justice is the criminal policy of leniency and strict application of the important link, which implements the policies to the realities of the leap from the paper, the paper involved in The Criminal Justice Policy implementation is in this sense and at the level of understanding, that is, the entire criminal justice process, including investigation, prosecution, trial implementation of all aspects of how to effectively carry out and implement the criminal policy of temper justice with mercy. Second, The Criminal Justice to achieve the principles of the policy. The first is the unifying principle: including the fight against crime and crime prevention unity; protection of social interests and to protect the unity of interests; social protection and the protection of human rights, unity; justice and efficiency of unity. Secondly, the comprehensive principle: is the criminal justice activities in, judicial personnel should Anzhao Tempering Justice with Mercy of criminal policy of the general requirements of crimes involving the Yin Su, crime, human factors, victims of the factors and social public interests factors Deng are fully Kaolv Crime suspects or accused of criminal responsibility, and according to strict or lenient in its disposition. Once again, the principle of equity: in the criminal justice activities, for Moderate Criminal Policy, should adhere strictly according to law, differential treatment and the three basic requirements of results-oriented, to correctly handle the relationship between the three, can not be rejected out of hand, so that it reached a kind of equity, in order to achieve maximum efficiency. Third, The Criminal Justice Policy implemented the System. A non-crime: the conviction to achieve justice policies, including criminal settlement system; not to prosecute the standard update; deferred prosecution. Second, the criminal policy of leniency and strict penalties for implementation, including the prosecutorial sentence-based and tolerance-based. Third, the criminal policy of leniency and strict execution of system implementation, including non-custodial; Community Correction. Fourth, criminal eradication and the Criminal Policy of the embodiment including the elimination of minor criminal record system and the pardon system.
Keywords/Search Tags:Tempering Justice with Mercy, Deferred prosecution, Criminal Settlement, Community corrections
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