On The Application And Implementation Of Criminal Policy Of Combining Punishment With Leniency In The Procuratorial Work

Criminal policy of combining punishment with leniency is a basic criminal policy in China. The essence lies in the combination of punishment with leniency and different treatment by judicial authorities according to the requirements of social security situation and criminal. It is significant for preventing and reducing crime, resolving social contradictions and maintaining the harmony and stability of the society. At present there is no system guarantee to criminal policy of combining punishment with leniency, in result many a problems aroused in the procuratorial work for lack of unity and concrete operation norm. It is necessary to innovate and perfect the criminal policy of combining punishment with leniency.The paper is divided into four parts. The author outlines the criminal policy of combining punishment with leniency in the first chapter. Firstly the scientific connotation of combining punishment with leniency is illustrated, and then the author talks about the theoretical and practical basis of criminal policy of combining punishment with leniency, which includes trend of traditional legal thought base and international criminal judicial development. Finally the author analyzes the development and essential position of criminal policy of combining punishment with leniency.The second chapter is mainly about the application of combining punishment with leniency in the procuratorial work. The author illustrates position of combining punishment with leniency in the procuratorial work, and then elaborates four parts respectively, i.e. the application of combining punishment with leniency in the duty crime investigation, prosecution and arrest work, in criminal lawsuit supervision work.In the third chapter the author explains the problems of combining punishment with leniency in the legislation and procuratorial aspects by analysis and assessment of the current situation of combining punishment with leniency in the judicial practice.Chapter four is discussed about the existent problems of the implementation of combining punishment with leniency and the reasonable suggestion and consummation countermeasure/In short, the paper expounds the scientific connation, the development, the applicable status in the procuratorial work and many problems of criminal policy of combining punishment with leniency. The author puts forward some reasonable suggestion and opinion to improve procuratorial organs of the criminal policy, and expects to have certain positive function to the judicial theory and practice of China.