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Research On The Lenient And Severe Criminal Policy In The Period Of Social Transformation

Posted on:2012-12-20Degree:MasterType:Thesis
Country:ChinaCandidate:Q H LiFull Text:PDF
GTID:2166330332997249Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Justice Policy is the basic way of justice, and also an important means of governing the country, if a country's judicial policy is science, whether adapt to the current form of the development of the whole community will directly affect the normal judicial activities of the country, so the judicial dynasties policy research has never stopped. The party's sixth plenary of sixteen session to the central committee of the CCP about constructing socialistic harmonious society certain major decision, puts forward the implementation of the policy of "tempering justice with mercy" criminal justice. Reflects policymakers hope that through the adjustment of the criminal policy, to realize both powerful shock and awe crime, maintaining the legal seriousness, minimizing social confrontation, turn the negative factors for positive factors, and realize legal effect and social effect of the unity of purpose. "Tempering justice with mercy" judicial policy is our party and the country put forward a new criminal law policy, was the judicial organ implement the national criminal law is an important indicator, the construction of socialist harmonious society's strategic decision. Earnest implementation "tempering justice with mercy" judicial policy for promoting Chinese characteristics, political construction, economic construction, cultural construction and social construction significance and far-reaching. Thorough discussion tempering criminal policy of historical origin and basic connotation, theoretical foundation and its realization series of problems, such as to the acceleration of China's criminal law construction, promote the building of a harmonious socialist society, certainly has the important theoretical and practical value。This paper from three aspects to tempering criminal policy is probed into as well. The first part first from the background of the social transformation based on the characteristics of social transformation are simply described, then the criminal policy, we analyze the origin and meaning emphasized criminal policy in social life, the importance of social transition in order to adapt to the final, new features as maintaining social order strong measures--"tempering justice with mercy" criminal policy will come into being. The second part of the "tempering justice with mercy" mainly expounds the connotation of criminal policy and realistic significance. From the perspective of "tempering justice with mercy" literally four characters although language expressions and concise, but rich connotation, contain profound idea of rule, we must grasp "wide" and "strict", and "the meaning of economic" is "wide" and "strict" to achieve a balance between the state, this and inevitable requirement of our deep understanding tempering criminal policy contains internal demand. "Tempering justice with mercy" criminal policy in our country has profound historical origin, so its occurrence and development have many inevitable factors. "Tempering justice with mercy" criminal policy at present special period has profound realistic significance, including legal significance and social significance two aspects. Legal significance lies in its on the one hand manifests our socialist legal concept, will this concept is to materialize and reality:on the other hand the policy on China's present criminal law plays an important guiding role. Social significance can be from promoting social harmony, maintain social stability, the coordinated social interests, helping to construct a socialist harmonious society from the Angle of understanding. The third part is "tempering justice with mercy" criminal policy realization ways. "Tempering justice with mercy" criminal policy as a new thing, and faced severe social situation, implement up and not problem-free, because policy itself may be defects, such as punishment structure, penalty system such as legislative defects, still include to policy understand enough, applicable process improperly operating etc judicial defects, Meanwhile the implementation process inevitably by various social factors, meet various obstacles, how to remedy these defects and coping obstacle is our study "tempering justice with mercy" criminal policy direction and goal of implementing ways, strengthen the legislative and judicial perfect is to realize "tempering justice with mercy" criminal policy necessary way. After that, we had a outlook of the "tempering justice with mercy" criminal policy. But because our country history "of pan-moral" thought far-reaching influence, geographically vast, each other quite different, policy implementation may not neat and tidy, make policy implementation and development faced unprecedented predicament. But things are always forward development, "tempering justice with mercy" criminal policy is not exceptional also, at present it is moving towards a polarization, scientific and democratic, legalization and internationalization direction, complied with the world development trend.In recent years, Chinese scholars, the judicial officer of "tempering justice with mercy" criminal policy conducted a series of research and made many research achievements, provides the basis for the judicial practice. China is currently in social transformation of the special period, and the "tempering justice with mercy" criminal policy also serves as an entirely new criminal policy, still a lot of problems are worth studying and perfect, believe that through the researchers joint effort, we can certainly in the "tempering justice with mercy" criminal policy this subject get a more fruitful.
Keywords/Search Tags:tempering justice with mercy, the way of realizing, realistic significance, development trend
PDF Full Text Request
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