"SheHei" Penalty For Cases Of "Combination Of Leniency With Punishment" An Empirical Study

With "Hits eliminates wickedly black" special struggles, in-depth development of SheHei cases processing also exposed many new problems. These questions require theory research. Among them, SheHei cases punishment for whether very well implemented the criminal policy of Combination of Leniency with Punishment, we need to theoretical verification, and to put forward the problems involved immediate consummation countermeasure give guidance.This paper is divided into three parts, the first part of this paper introduces the criminal policy of Combination of Leniency with Punishment basic theories. First introduces the criminal policy as defines concept, the criminal policy of Combination of Leniency with Punishment with mercy; the logic starting point concept And then expounds the criminal policy of Combination of Leniency with Punishment concept, for" wide "and" strict ", "aid" three word to semantic analysis, thus achieve the correct understanding and implementing tempering criminal policy of Combination of Leniency with Punishment, and the criminal policy at present the significance are summarized.The second part of ChongQing SheHei cases typical Combination of Leniency with Punishment applicable of empirical research. This paper extracts of ChongQing two level people's court 34 typical SheHei cases. Strict aspects of the underworld property organization statistical organization, leadership, the backbone of molecules, the recidivist and property punishment and other shall strictly. "Wide" statistics from the aspects of discretion plot, juvenile, accomplice, since primarily, have the plot of the observing a criminal prosecution, voluntarily prior criminal bribed behavior of the account and probation punishment applicable conditions. On this basis, the people's court in ChongQing two-level trial SheHei cases implementation of tempering criminal policy on specific evaluation, summarize experience and regulation of them.The third part of the paper tempering criminal policy under the perspective of SheHei cases punishment for the improvement. In two levels of ChongQing people's court in hearing SheHei cases in the process of successful experience was summarized, and on the basis of further discussed SheHei cases punishment for very good implementation how can the criminal policy of Combination of Leniency with Punishment. Mainly by insisting crimes, strictly applicable laws, statutory accurate grasp strictly plot and accurately grasp plot, earnestly implement Combination of Leniency with Punishment put three aspects were discussed.