Rethinking And Restrucure: The Research On Strike Hard Criminal Policy

Strike Hard has became an important criminal policy in China since 1980s.However,there are different attitudes of Chinese scholars towards Strike Hard.Firstly,opinion of support .It is advocated by Judicial department,some scholars also agree on the opinion.They think Strike Hard is necessary and in time,because the stuation of social security is very serious .Secondly,opinion of object.They think Strike Hard can not minimize crime in the long run,and Strike Hard make criminal law of China become more depend on penalty.Thirdly,opinion of rethinking.They think Strike Hard has reasonability,but it has some serious faulties.The author thinks that when we appraise Strike Hard,we must use a dialectic method.we shoud not only look at one side of Strike Hard ,but also look at the other side of Strike hard.Everything is two side,such as Strike Hard,we should not only see its reasonability,but also see its faulty.After reforming and opening,our country is in the term of social transformation.The stuation of crime is very serious,the state has not other good method to defend crime,only use Strike Hard to oppress crime.This is actal reasonability of Strike Hard.Historical reasonability is traditional culture play an important role in Strike hard.For the officials of state ,the belief "Penalty changes when the stuation of crime changes"in traditional culture is not only advocated by ancient governor,but also is advocated by them.For common people ,they have strong feeling and belief of retribution.Retributive penalty is still live in the heart of common people.In a word ,the historical reasonability of Strike Hard is "penalty changes when the stuation of crime changes "and "retributive penalty" have strong life in China. Thirdly,Strike Hard has its political reasonability.The state has two important function:political governer and manage society.Crime is not only damage the order of society,but also is a threaten to state.Strike Hard and politics keep a close relation that make it political reasonability.When we analyse the reasonability of Strike Hard,we shoud not forget it limit.The limit of Strike Hard can be summarized microscopic side and macroscopic side.The limit of microscopic side is:Firstly,the state decided Strike Hard can not in conform with science.Strike Hard often decide by leaders ,but not obey procedure of making criminal policy. Secondly,when Strike Hard criminal policy is enforced ,it often damage the principle of rule of law.There are tense relation between Strike Hard and criminal law.Thirdly,the result of Strike Hard often indanger human rights of criminal.Strike Hard is in short of the belief of propect human rights in morden criminal policy.The limit of macroscopic side is Strike Hard disobey basic criminal policy.It can not conform with basic criminal policy.That make the system of criminal policy can not work well.Finally,on the basis of obey scientific theory of criminal policy and study foreign criminal policy,restructure Strike Hard criminal policy.Firstly,insist the principle of being in conformity with science transform Strike Hard criminal policy into polarized criminal policy .Secondly,insist the principle of rule of law,transform political criminal policy into legal criminal policy.Thirdly,insist the principle of human rights,not only emphasis defeat crime but also pay attention to propect human rights.