On The Operation Of The Criminal Policy Of Alternating Leniency With Severity In The Practice Of The Criminal Prosecution

The criminal policy of alternating leniency with severity which is the basic criminal policy of our party and our country, the construction of judicial philosophy under the socialism harmonious society background, is the important indicator for prosecution agency of the correct implementation of national laws. The criminal policy of alternating leniency with severity will play an extremely important role in the guidance to our country's criminal judicature activity for the current and even the next time.This article strictly used the method of combining theory and practice to analyze the criminal policy of alternating leniency with severity, attempted to offer a few ordinary introductory remarks so that others may offer their valuable ideas, strictly to cause everybody to research the criminal policy of alternating leniency with severity. This article is divided to four parts. Part one, the author carried on a general description of the content of the criminal policy of alternating leniency with severity, and conducted the more systematic analysis research on the theory basis and the background of proposing the criminal policy of alternating leniency with severity.Part two, from the building of a harmonious society, the safeguard human rights and so on variously proved the necessity and importance to establish the criminal policy of alternating leniency with severity in the criminal prosecutions work.Part three, by combining the practice of criminal prosecutions, first elaborated the overall request to practice the criminal policy of alternating leniency with severity, then strictly elaborated the concrete practice of the criminal policy of alternating leniency with severity in the criminal prosecution work, finally summarized the reasons impacting the implementation of the criminal policy of alternating leniency with severity in the practice process.Part four, the article put forward proposals to improve the criminal prosecution system from two aspects which are the legislation aspect with the consummation and the judicial aspect, to the reasons impacting the implementation of the criminal policy of alternating leniency with severity in the practice process. The most prominent characteristic of this article is:The first is that it uses the method of the comparison to research the criminal policy of alternating leniency with severity. Mainly carries on the comparative analysis on the criminal activity policy to all times and in all countries, attempts to inquire into its path and the legislation consummation of the development.The second is that the article does not rigidly adhere to the fundamental research, but uses the real diagnosis method to elaborate the criminal policy of alternating leniency with severity as well as the reasons impacting the implementation of the criminal policy of alternating leniency with severity in the practice process, and proposed suggestions from the legislation and the judicature consummation to improve the criminal prosecution system, in the article has alternated the massive data and the correlation cases, made every effort to strengthen the proof strength.The third is that this article takes promoting our country correlation legislation and the judicial practice improvement as a goal, on the basis of comparison research and in the real diagnosis inspection foundation of the criminal policy of alternating leniency with severity, elaborated the necessity and importance to establish the criminal policy of alternating leniency with severity in the criminal prosecutions, the utilization of the criminal policy of alternating leniency with severity in the criminal prosecutions work, as well as the reasons impacting the implementation of the criminal policy of alternating leniency with severity in the practice process, and put forward the proposals to perfect the criminal prosecutions system.