Research On Several Problems Of Criminal Policy Of Combining Punishment With Leniency

To construct the harmonious society, we should not only palliate the crimes in crime judicatory, but also cure the crimes originally; We should not only pay attention to the legal effects of laws ,but also the social effects of laws.The concept of "lenient and strict" criminal policies is put up under the background of constructing the harmonious society. The concept has changed the normal mode of criminal policies that formed after the foundation of the new People's Republic of China, and it also has changed people's value attitude toward the control of crimes. And it appears that our country has entered a new period of defending and controling crimes.The first part of this article is on the development and background of the Criminal Policy of Combining Punishment with Leniency. Firstly, the author discusses the development of the Criminal Policy of Combining Punishment with Leniency, the formation of lenient and strict criminal policies has taken a long time, and the policies is a conclusion of long experience. It is formed and perfected during the struggle of our party and country to the hostile influence and crimes. From a political policy originally to a criminal policy of "punish and lenient" to defend and control crimes, and it is placed by the concept of the Criminal Policy of Combining Punishment with Leniency, the author discusses the background of the lenient and strict criminal policies, the Criminal Policy of Combining Punishment with Leniency is born under the push of constructing the harmonious society, the introspection of "harsh punishment" policies and the persue of punishment effects when we facing the perplexing of crimes. The second part of this article is on the concept and meaning of the Criminal Policy of Combining Punishment with Leniency.Firstly, the author discusses the concept of the Criminal Policy of Combining Punishment with Leniency,it is request to define the word of "lenient", "strict" and "and".The word "lenient"is from the" punishment and lenient",it means to alleviater,and it has three situations.The first is uncrime,the second is unprison and the third is unjudicial. The word "strict" means severe or stern,and it is similar to the punishment of "punishment and lenient". "Strict" and "severe"have a same aspect and they are always used together;but they also have the different aspects."Strict" means serious,tight and stern,"Severe" means fierce. "Strict" means to tight the legla net, "Severe" means the fierce of criminal punishment.The word "strict"in"strict and lenient",surely means serious,that is,a behavior that should be punished should be punished definitely,which means crimnize and punishnize in justice.At the same time, The word "strict"in"strict and lenient" also means severe."Severe" here mainly means to punish severely. The word "and"in"strict and lenient" means succour, coordination and adjoin."Succour"means to be strict succours to be leniet and to be leniet succours to be strict,the strict and lenient of punishment is mutual. Secondly, the author discusses the characters of the lenient and strict criminal policies, the policies unify the judicial policies and legislation policies, they have three characters and the characters are diversement, the reasonability of structure and the order of exercise. Thirdly, the author discusses the meaning of the lenient and strict criminal policies, the policies are good to the construction of socialism democracy and rule of law, the policies are good to desert the thought of harsh punishment and are good to hold up the social stabilization, to realise the comprehensive management of the society.The third part of the article is on the requirments of the Criminal Policy of Combining Punishment with Leniency.Firstly,the author discusses the requrirments of moral,to hold up justice is a perpetual topic which these policies persue. "Justice and fairness" is a judge standard of the rules of value and the rules of law.In the rules of value, justice and fairness are mutual and they regard people's rights,freedom and full development as the sublime value.Secondly, the author discusses the requrirments of concept. To construct the harmonious society and to fullfil the lenient and strict criminal policies,we should reduce the unharmonious factors maximumlly and increase the harmonious factors maximumlly,that is ,the criminal judicial should include strict and lenient.Thirdly, the author discusses the requrirments of space.The alleviation of punishment is compared to the harsh of punishment,it is a trend during the development of punishment toward alleviation. The alleviation of punishment means a progress in human culture, a development of ecnomy and a realization of human value.Under the harsh punishment, the lenient and strict criminal policies would lose the space of appliment. The lenient and strict criminal policies requir to define and punish crimes alleviatelly in judicial practice,to apply harsh punishment only to severe crimes,to encourage lenient punishment,imprison and imcriminal to light crimes.The forth part of the article is on the realization of the Criminal Policy of Combining Punishment with Leniency.Firstly, the author discusses the realization of the lenient and strict criminal policies from the legislation respect, it is discussed in three aspects, including proper legislation,scientific legislation and tight legislation. The author says the ralationship between...