Conflict And Solution To Criminal Policies And Criminal Laws In China

In recent years, with prosperity of the criminal legal system, we are going to face with the increasingly serious crime situation. In one hand, although we invested a lot of penalty cost, the effect is not obvious. On the other hand, along with the advent of the information society and the influence of globalization, the field of criminal control expands fast and the difficulty of criminal control is increasing. Criminal policy and criminal law are the means of criminal prevention and hitting crimes. There are difference and relationship between them. It is import to crime prevention, social stability and national security that handling the relationship between criminal policy and criminal law correctly. Criminal policy is dynamic and flexibility and criminal law is static and relative stability. Criminal policy is the original and guiding principle of criminal law. Criminal law is the end-result and legal statement. They have the same basic value. However, there are contradiction and conflict in formulation and implementation, as a result of their difference in ordering of values, subject, sphere of influence, application form and so on. Especially, some deviations happen in juridical practice, e.g. executive right oversteps the authority of law and taking the place of law by policy. At present, the research on criminal policy and criminal law is limited in their own system, respectively. The research on their conflict and conflict solution is rarely. It is not only a new perspective in theory but also has practical significance to resolve the conflict between criminal policy and criminal law. In this paper, we introduce the concept and characteristic of criminal policy and criminal law. Their relationship and the difference are also analyzed. And then we give a brevity overview of the criminal policy development in our country. Based on the introduction, an analysis of the conflict problems in value goal, architecture and fundamental principle arising both in theory and practical between criminal policy and criminal law is provided. In further, we also analyze the conflict reason. At the same time, utilizing the experience of America and France, we propose our solutions for the conflict between the criminal policy and criminal law. By normalizing the formulation and implementation of criminal policy, conversion of the target value, limiting criminal policy by criminal law, improving the positive impact of criminal policy on criminal law and strengthen criminal French Open, we can complete the system of criminal policy and criminal law and achieve positive interaction between criminal policy and criminal law, achieve the purpose of criminal prevention, hitting criminal and maintaining social stability.