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The Ethnic Criminal Policy Of "Less Arrest Or Death Penalty And More Leniency"

Posted on:2012-01-01Degree:MasterType:Thesis
Country:ChinaCandidate:X LiuFull Text:PDF
GTID:2166330335973971Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
China is a multinational country, the development of minority's progress and development makes major contributions to the whole nation. With the development of the reform, minorities have developed rapidly in economy, politics, and social culture. However, minority problem has been a sensitive and serious problem in the development of society. Each minority has its own particularity, such as customs, religious belief and values. Thus, criminal crime has different characteristics.Taking the characteristics of crime, the historical conditions, geographical conditions in minority regions into account, our country puts forward policy of "Less Arrest or Death Penalty and More Leniency". This policy plays an important role in the correct law enforcement, safeguarding criminals' human rights, maintaining the social fairness and justice, control and prevention crimes in minority areas. But, the policy has also some problems in its application; therefore, the research and analysis on the policy system have realistic meanings.This thesis consists of four parts:The first part mainly discussed the meaning of "Less Arrest or Death Penalty and More Leniency" policy. Through the investigation of the historical changes in the criminal policy, the status of this policy becomes clearer. National problem has become a global problem. The experience and lessons of the major foreign countries'criminal policy, such as: the United States, Canada, Singapore, are useful to the development of criminal policy of our country.The second part is status quo of the implementation of "Less Arrest or Death Penalty and More Leniency" policy. The basic demands of this policy in investigation phase and the trial stage are expounded, and the misconception of the policy in the implementation is clarified.The third part is the bounds of the application of "Less Arrest or Death Penalty and More Leniency" criminal policies. Principle of Crimes and Penalties and conditions of arrest can not be violated. What'more, it should be in conformity with the criminal policy of tempering justice with mercy. Thus, some problems in the application of the national criminal policy are clarified, which can help guide the implementation of this policy in minority areas.The fourth part is the effective ways of carrying out "Less Arrest or Death Penalty and More Leniency" policy. Combining the characteristics of the minorities, the necessity and feasibility of policy legalization is analyzed. It shows that the policy legalization is of great significance. Therefore, Intensifying Publicity of the policy legalization is necessary.
Keywords/Search Tags:Less Arrest or Death Penalty and More Leniency, National minority, Criminal policy, Legalization
PDF Full Text Request
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