Revocable The Lenient And Severe Criminal Policy

Criminal Policy represents a society's attitude to crime. Evolution of Criminal Policy of a country will reflect the development of economy, reforming of social structure, restructuring of different parties of interest and profound changes in ideology. Research on criminal policy may not be constrained in the scope of law and regulations. During the sixth meeting of the Sixteenth Congress of Chinese Communist Party, the lenient and severe criminal policy has been brought forward, which represent that the authority expects to realize punishing crime and decreasing social counterwork at the same time so as to achieve the unity of legal and social effects by applying the policy. As the policy is improvement and development to the criminal policy of our country, especially under the current historical situation, the research on the policy is of great theoretical and practical value.The thesis is composed of three parts. The first part studies the background under which the lenient and severe criminal policy was brought forward. The lenient and severe criminal policy is a reconsideration of the traditional criminal policies of our country, especially the severe criminal policy. It is also a response to the trend of differentiating crime, being humanity and being socializing in carrying out legal punishment in the world. The policy is required for the construction of a harmonious socialism society. Through probing into the background, the author considers that the lenient and severe policy is in essence an adjustment of governance manner and re-recognition of the value of criminal law and theory.To understand the lenient and severe criminal policy, one must depend on social and crime phenomenon simultaneously and rely on research in political theories and criminal law theories. According to the above mentioned basis for the understanding of the policy, the second part of the thesis iterates the positioning, definition and value of the policy. The author first analyzes the reason and realistic meaning for the authority taking the policy as judicatory policy. Second, the author expatiates the content of lenience, of severity and of the two applied simultaneously. Lastly, the author demonstrates the tropism of the policy and considers the policy is a combination and balance of complexity and multiplicity.The third part of the thesis illustrates how to apply the policy at the current stage from three aspects. First of all, there must be a correct ideology of judicatory policies, a correct attitude toward crime, exact grasp of the target of criminal law and understanding of lenience and severity. Secondly, lenience and severity shall be reasonably differentiated and be controlled in a justified scope. Last but not least, options to realize the policy shall be explored extensively and boldly, including repositioning of the severe criminal policy and aggressively promoting certain systems, such as simplification of the crime proceeding process etc.