Review And Construction Of The Criminal Policy Relating To Family Area

Criminal policy is the holistic response to the unlawful acts, which is divided into two parts: basic criminal policies and concrete criminal policies. As a kind of concrete criminal policies, the criminal policies relating to the area of family are different from those relating to other areas due to their characteristics -----concerning family relationships. Accordingly, they are required to possess certain distinct specialities on the basis of complying with common rules of the basic criminal policies.However, the current criminal policies don't emphasize the above specialities and therefore not effect very well on the control and disposition of the unlawful acts in the area of family. The realization of harmonious families is the foundation of the construction of a harmonious society, which is the direction of the society's development promoted by the Party and the State. Therefore, it is an inevitable problem to review in detail, and reflect in depth, the criminal policies relating to the family area; moreover, it is in urgent need to reconstruct the criminal policies in this regard.The instant essay is composed of three parts. The First part is to review the focus of family criminal policies and to discuss the problems concerning the definition, punishment and execution of the crimes in the family area. At the aspect of definition, an issue which used to cause fierce debate-----the characterization of the marital rape is still in an embarrassing position under rational analysis; while the problem of concealments between the relatives is still a difficult obstacle in judicatory practice. At the aspect of punishment, the over strong revengeful tone is still the main tone, which adds some inharmonious veil on the criminal policies owing to the lack of forgiveness between relatives. At the aspect of execution, overwhelmingly relying on the imprisonment liability is not able to fundamentally resolve the internal family problems.The second party is to reflect the current criminal policies discussing the advantages and disadvantages from the two angles of basic rules and concrete systems; and put forward the view that the reasons underlying the disadvantages are the state---based policy model, enemy—people conflicts charactered crime classification and retributivism justice.The third part is to explore the construction of family criminal policies on the basis of reflection of current policies. First, the basic theory should be updated and it is in need to build a state---and---society---based policy model, to establish the idea of relationship---charactered crime classification and restorative justice; Secondly, it should be emphasized that family criminal policies should be under the guidance of rules about family relationship, humanity and family autonomy. The last, it should be on the basis of renovating theory and under the guidance of basic principle to establish the concrete system of criminal policies relating to family area, which should be constructed with the main body composed of family relationship protection, evaluation and reparation mechanisms.