On Leniency And Severity In Criminal Proceedings

The coordination of benevolence and stringency remains the major theme and objective of the criminal legislation, adjudication, and law enforcement at the current stage. In the new legal background, such policy lays emphasis on both punishing offenders and protecting human rights, both justice and efficiency. Since the adoption of the Decision of the Central Committee of the Communist Party of China on Several Major Issues concerning the Construction of a Harmonious Socialist Society at the Sixth Plenary Session of the 16th Central Committee of the Communist Party of China on October 11,2006, the procuratorates have endeavored to study and implement a balanced criminal policy of leniency and severity. Public prosecution,as an important part of the procuratorial work, has been "staggering" in the application of non-litigation and suspended litigation, which not only hampers efficiency but also undermines the maximum protection of human rights. As a result, the disposition of misdemeanors does not measure up to the expected outcomes in the legal and social sense.Despite the existing endeavors, the procuratorates have failed to achieve progress in non-litigation and suspended litigation. Most criminal cases have ended up with finishing the complete litigation procedure. In the present study, we look into the relatively low rate of non-litigation and lack of suspended litigation by applying the doctrines of criminal law and criminal procedure law and analyzing the data and cases by exemplification, comparison, and induction. We then reach the conclusion that it is necessary to apply a balanced policy of leniency and severity to litigation and probe into the difficulties and their causes in litigation from the aspects of legislative defects, internal scheme, and public assessment. Finally, we contend that in the course of applying such balanced policy, non-litigation should be further promoted, and suspended litigation should be initiated at the same time. In summary, the present study is intended to propose tentative suggestions on how to enhance the litigation system by applying a balanced policy of leniency and severity for the purpose of meeting the needs of rule of law in a harmonious society.