Study On The Realization Of The Criminal Policy Of Combining Punishment With Leniency

China is getting along with the social transition period at present, its important symbol is to reduce suppression, increase autonomy and responses gradually. The autonomous social or responsive society is a harmonious society compared with suppression society. Constructs the harmonious society is to get across many methods, including the legal method, resolve each kind of society contradictory and dredge each kind of social indignation, thus, our country will become the long-term peace and good government. The criminal policy is the preventing and controlling plan which country aims at the crimes, is the result in the human rationality in the criminal domain, is the embodiment of civilized degree in social legal system. A national criminal policy will affect the overall effect in punishing and preventing crime directly whether it is at the right moment, moderate, science and reasonable, relate the society harmony and stability and the national long-term peace and good government directly. But the criminal policy of"striking hard"has fallen into the vicious circle in China; it is imperative to adjust the current criminal policy to organize the counter-crime way reasonably. Therefore, our country proposed the criminal policy of combining punishment with leniency at the right moment combined the polarization trend world criminal policy. Carrying out the criminal policy of combining punishment with leniency has important theory and practice significance to punish crime, safeguard human rights, push the social construction of the socialist harmonious society, promote the purpose of high effect justice, develop democracy and rule by law, realize justice, advocate honesty and affection, boost up social vigor, and keep stability and orders.The introduction in the first chapter recommended the background, significance, summarized literature and the main research in the article. The second chapter introduced the definition and the historical evolution of the criminal policy of combining punishment with leniency, the relations and differences between"the criminal policy of the unification of suppression and relief","the criminal policy of the unification of punishment and education"and the criminal policy of combining punishment with leniency, the characteristic of the criminal policy of combining punishment with leniency that has been proposed explicitly in the 16th National Congress and narrated the criminal policy of combining punishment with leniency summarily. The third chapter discussed how to realize the criminal policy of combining punishment with leniency in legislation based on discussion the sparse or dense crime network structure and the suitable penalty establishment. The forth chapter discussed how to realize the criminal policy of combining punishment with leniency in judicature based on discussion embodiment in conviction and punishment. The fifth chapter discussion on the executing realization to the criminal policy of combining punishment with leniency and proposal in legislation and judicature based on the non-imprisonment, the community correction and the non-imprisonment punishment.