The Choice In Criminal Policy As It Ought To Be And The Building In Criminal Policy As It Is Of Our Country

Policy lives in the process.In criminal policy from the producing,adjusting to enging is a dynamic and whole process.just because of this,we should research the criminal policy from two hands:criminal policy as it ought to be and criminal policy as it is . Criminal policy as it ought to be builds in three choices: 1. how to orientate between the justice and efficiency?I think efficiency should be prior in the condition of not neglecting the justice. 2. how to choose between the means in keeping away,punishing and rectifying?the author thinks punishment is important,at the same time we should not neglect the the means in keeping away,punishing and rectifying 3. how to orientate the range and degree in punishment?the author thinks we should take tight,strong hands in serious crime. broadening;the net of criminal penalty is gentle;in the lightness there are severe punishments;the trend of severeness is being intensified The criminal policy as it is should accord with the criminal policy as it ought to be.we also should build china criminal policy in the system according to this rule. 1. general criminal policy:general management 2. basic criminal policy : the means in keeping away,punishing and rectifying punishing are important, we should not neglect any one of them,especially in the means in keeping away. 3. idiographic criminal policy: handling crime without mittens. The orientation of the criminal policy is to guide the initiation,enforcement and eformation of criminal laws including criminal law,criminal procedural law and Laws on penalty enforcement,and to point out the effective ways and methods to fight crimes, on the basis of thesocial state and criminal situation in different stages.Humanism,rule of law,and justice are the three principles impenetrating all along t he criminal policy. As makes the progress of the modern China-criminal policy manifest the following characteristics:the net o f crimes is broadening;the net of criminal penalty is gentle;in the lightness there are severe punishments;the trend of severeness is being intensified...