Discussion On The Application Of Lenient And Strict Criminal Policy In The Enforcement In Prison

Lenient and strict criminal policy is the basic criminal policy currently and even in the future. In the context of times of building a harmonious society, lenient and strict criminal policy is very important reflection of adjusting the idea concerning work by the Party Central Committee in criminal and judicial fields. To carry out the lenient and strict criminal policy well and to pay attention to the combination of the legal effects and the social effects in criminal and judicial work are the important task and mission for prison organ work. Therefore, research on the application of lenient and strict criminal policy in the execution of the law in prison is of great practical significance.This thesis is divided into five parts. In the first part, the writer discusses the historical origins, background and connotation of lenient and strict criminal policy. Firstly, as for the historical origins, the writer points out that lenient and strict criminal policy can trace its roots to the thought concerning criminal law of by tempering penalty with mercy of Zi Chan, who was the famous statesman in Zheng County during the Spring and Autumn Period, and then the writer states the policies inherited and developed afterworld, for instance, the moral is important and punishment is secondary, and education is important and punishment is secondary of confucianist moral thought in ancient time, and the combination of repression and strict punishment, combination of punishment and leniency and strict punishment by Zhang Zhidong in modern time, since the founding of the People's Republic of China. Secondly, the writer analyzes that the background of the production of lenient and strict criminal policy is that people got complete and new knowledge about the rules of crime and the functions of punishments, namely, most of the current crimes were caused by the contradiction between excessive pursuit of property and not enough legal approach to gain property supplied by the society, and most of the criminals belonged to vulnerable groups; however, the punishment is a kind of expensive pattern of controlling the society but not the catholicon for governing the crime. Therefore, we can deduce that only carrying out lenient and strict criminal policy accord with the need of practical work and is favorable to build the harmonious society. Secondly, the writer discusses that the connotation of lenient and strict criminal policy is to insist on the combination of leniency slowness and allowance with strictness, severe and in criminal and judicial practice, and to punish crime basing on the concrete situation of case in accordance with the Criminal Law, Prison Law and other relevant laws with proper degree of leniency and strictness, that is to say not only to give the road to criminals and let them reform with hope, but also to show the important mission of protecting the society and to insist on the principle of focusing on leniency and combing with strictness.In the second part, the writer discusses the necessity and importance of carrying out lenient and strict criminal policy in prison organs, and he believes that carrying out lenient and strict criminal policy is favorable to renew the idea of enforcement and improving the ability of enforcement in prison since it provides clear guide concerning how to hold the relationship between punishment and reform under the new situation, but also endows the policy of punishment and reform with distinctive modern features and abundant connotation and adjusts and reforms the aspects of the idea of enforcement and management pattern, education method and punishment measurement in prison, etc for giving the enforcement more characteristic of scientific, pertinence and. Secondly, he believes that carrying out lenient and strict criminal policy is favorable to innovate the education methods, improve the quality of criminal reform, and he pints out that it is necessary to adopt different measurements of managing and educating according to different situations and behaviors of reform of criminals basing on scientific classification for trying every possible means to foster criminals'desire; thirdly, it is favorable to improve the establishment of legislation in prison and improve the level of enforcement of policeman. Lenient and strict criminal policy is shown in the laws and regulations in prison work, lenient and strict treatments should accord with the law, since only to carry out according to the conditions and procedure regulated by law, can ensure the unification and equity of enforcement; fourthly, it is favorable to pptimize the allocation of execution resources and to decrease the cost. On the premise that the social justice and education and reform to criminals aren't effected, to treat and manage criminals differently basing on their situation, and to commute parole and rectify these criminals who have positive show of repentance don't harm the society, which is not only favorable to encourage criminals to reform positively and return to the society, but also favorable to economize the cost of state concerning punishment and to centralize limited resource for those criminals who are difficult to reform and to increase the education for them for gaining better affect of enforcement.In the third part, the writer discusses the four principles which prison organs should follow when they carry out lenient and strict criminal policy. The first one is to implement according to law. Criminal policy can be used guide the judicial actions but can't be used to replace law. The Implement of criminal policy should take law as the criterion with proper degree between kindness and severity. The former is the need of protecting authority of law, and the latter embodies the request of fairness and justice. The second one is the principle of different treatments. It is necessary to adopt different reform measures and to play penalty function by the greatest extent according to the character of crime and reform behaviors. It is necessary to combine leniency with severity with proper degree and protect the legal rights of criminals. The third one is the principle of standardizing the principle of enforcement, which is the external combination of leniency and strictness, and leniency and strictness both belong to enforcement of law, which must be carried out according to the unified standard and procedure; moreover, the equilibrium between leniency and strictness should be gained for ensuring the equity of enforcement. The fourth one is the principle of combining legal effect and the social effect. To carry out lenient and strict criminal policy in prison work, it is necessary to maintain the seriousness of punishment and consider the degree of understanding and acceptance of the society, especially victim, so as to play the role of punishment of punishing and defend crime, and promote the social harmoniousness and stabilization.In the fourth part, the writer discusses the embodiment of lenient and strict criminal policy in enforcement in prison. Firstly, the writer understands the lenient and strict criminal policy from the aspect of legislation, namely, lenient is the legal rights of criminals given by Prison Law, which all show the spirit of giving the road to criminals and show the leniency slowness and allowance; strict is the obligations and disciplines of criminals regulated by Prison Law, which all show the strictness, severe and seriousness of law; incorporation is the primary principles of prison legislation, which refers to insisting on the attitude of property leniency combining with property strictness and concrete situation determining leniency or property according to different crimes and different behaviors of criminals in the course of executing punishments in prison. Secondly, from the aspect of the practice in prison, lenient is the proper affection in prison, that is to say to give humanitarianism treatments to criminals and to gain the supports from the relatives of criminals and the sympathy and help from the public for eliminating antagonism of criminals and arousing their desire of turning over a new leaf; strict refers to the proper strict punishment in prison since it is not correct to focus on human rights only and to neglect dictatorship in prison, which will make criminals feel that they gain more benefits than punishments when they commit a crime and even commit a crime again. Only necessary strict punishment in prison, can the functions of punishment of prison be show and the role of deterring be played, which is favorable to make criminals not have the desire of committing a crime again and to reform in prison with ease; incorporation refers to the scientific classification within prison, namely, to give different lenient and strict treatments to negative and positive criminals in reform.In the fifth part, the writer discusses the implement of lenient and strict criminal policy in enforcement in prison, which is mainly carried out by virtue of the following eight measurements, firstly, to classify the degree of jugging in prison; secondly, to adopt the policy of jugging prisoners who are serving their sentences; thirdly, to carry out scientific different level management and treatment; fourthly, to carry out the welfare and labor protection of criminals and to establish the social security system of criminals; fifthly, to utilize the awarding measures of law to criminals; sixthly, to enlarge to scope of help from the society positively; seventhly, to carry out the educations concerning going out prison of criminals and to carry out the work of continuous help, education and allocation; eighthly, to play the functions of prison and to increase the execution of punishment.