The Early Development Of Criminal Policy During The Era Of China's Reform And Opening-up

China both in the past, the "rule by human" now or in the era of the "rule of law" in the process of building, policy occupies a very important position as a criminal policy, "China's criminal legislation and the soul of the criminal justice system" in our country's criminal in the judicial system. Since reform and opening up, China's criminal policy has been in practice to develop. Academia is also trying to establish a criminal policy of our system, the criminal policy of academia has become a hot issue of discussion. However, as this is a brand new area of research, academia and even the definition of the criminal policies has not formed a unified understanding. In fact China's criminal policy research on more than a single criminal policy in a critical state, the lack of overall development of China's criminal policy research context. Thus, the overall development of China's criminal policy research context it is necessary.In this paper, the first part of a controversial "criminal policy" concept for analysis. Reference scholars for "criminal policy" after the definition of the term, I believe that the main differences is that the main body of criminal policy, scope, means and purpose of these four aspects. I believe that: First, the only criminal policy is the main social management of specific social and public power authority, and criminal policy in our country has the main qualifications, it should be for the country and the ruling party, the Communist Party of China.Second, the scope of criminal policy should be narrow, limited to the criminal law of the relevant policy areas, and can not be unlimited extended to all social policies. A social policy is a criminal policy, it should look at the development of the policy, whether the main purpose is to curb crime. Of course, a narrow understanding of criminal neglect other social policy is not contained in the policy and the content of the suppression of crime, on the contrary we should be in the development of other social policies at the same time take into account the impact of the suppression of crime. Third, the criminal policy should include a means of penalties and penalty and similar means. At the same time in the development to curb crime as the main purpose of the policy may be based on the crime for the crime of the reasons for the introduction of appropriate tax, housing, education, urban planning, and other related content.Forth, the purpose of criminal policy should include the purpose of this reality crime suppression and realization of human society, truth, goodness and beauty of this ultimate goal.Through the criminal policy scholars on the concept of the Review of the major differences, I believe that the so-called criminal policy, that is the right authority for the realization of social equity and justice, the protection of social order and security to curb crime directly to the development and use of legitimate including penalties, penalties and other social category means the strategy collectively. The second part of this paper is the new era of China's reform and opening up policy development overview of the criminal. Due to space limitations and the ability of the author, only during the period of the three major criminal policies Review.First, the punishment with leniency of the criminal policy of combining inspected, I believe that combining punishment with leniency of the criminal policy should include two tiers of meaning. First, the crime levels actually distinguish between the circumstances of the crime and treat them differently. Second, the use of artificial means of expanding the policy of crimes and misdemeanours, the culprits and deal with the gap between the accomplices to divide collapse against minorities, education, and transformation of the majority, inhibiting the purpose of the crime. I believe that this criminal policy is to enrich the experience of the criminal law enforcement summary of the objective laws of a higher. However, because this policy is in the criminal law has not been raised in the age of attention, it contains the contents have not been detailed scrutiny, with the aim of efficiency and order is for the basic values of fairness and justice have overlooked. For example, it contains "Frankly leniency, and resist the strict" is contrary to the spirit of the rule of law. Second, the strike-hard policies of criminal conduct investigations. Strike hard criminal policy on the premise that "in accordance with law", the core is "severely and promptly," targeting "serious crime." I strike hard in the criminal policy of the inspected after that: the development of the mind and heart are with the connotation of combining punishment with leniency of the criminal policy-which physiognomy fit, or even from the theoretical point of view, the punishment with leniency combine part of the contents of the criminal policy of expansion at the same time the fact that this policy has played a significant crime suppression role. However, due to China's criminal policies and the crackdown criminal law and the fair and orderly fundamental values such laws dealing with the relationship between the lack of experience, makes strike hard criminal policy of the rule of law to break the dike, in fact, exceeded its "law" was intended to avoid. Even in the process of the law enforcement crackdown situation happened frequently. This can not be a regret.Third, it is the newly proposed Kuanyan the criminal policy of economic inspection. I think that the criminal Kuanyan of economic policy, it should be placed in the context of building a harmonious society under the understanding. Promote social harmony, not unilaterally from the start against harshly and swiftly, and the necessary implementation of the crime "lightly heavy" measures. Kuanyan chairman of the criminal policy of the introduction of China's criminal policy marked by relatively simple punishment with leniency to a more thorough integration of the economic transformation Kuanyan, indicates that China's criminal policy is simple attention from the "strike hard" to re-wide and the combination of strict organic change.The third part of this paper is the carding of the basic rules of new era of reform and opening up of China's criminal policy development. Writer believes it has the following three trends:First, the operation of the criminal policy of the rule of law gradually. We used the criminal justice system is often the mode of operation of the political type, in the criminal justice process is often political purposes to the detriment of legal certainty and stability. However, with the ends of the criminal justice process, extorting confessions by torture, violence evidence, illegal use of investigative techniques, such as release on bail law violations severely punished. China has decided to start from the political discourse of criminal policy, legislation and policy decisions criminal justice to the work within the framework of the criminal law to criminal justice policy guidance to change the way of.Secondly, is a criminal policy means the gradual diversification. In the early stage of reform, China's basic policy means confined to the criminal penalties within the scope of the penalty also means more emphasis on the crime of retaliation and deterrent capabilities. But as China's criminal policy of development, our country will start to the vision of Criminal Policy prevention functions expand, gradually began to effect such as re-education through labor, and social security administration punishment, and so on means of penalties, as well as other social means for the role of crime suppression. This also signifies that China's policies from a single criminal penalties means to means the first step.Third ,the concept is a criminal policy of the continuous cultures. In the early stage of reform of China's criminal policy to curb crime merely for the purpose of a cold utilitarianism color, in 1983 began to strike hard and even criminal policy is cold and merciless. With the improvement of China's criminal policy, and criminal policy means of increasing our country's criminal policy has started to emerge Humane Care atmosphere.I believes that China's criminal policies are adjusted every time the criminal justice summed up the practice-based. Its every change, indicates that the party and the government to curb crime, the situation at that time crime policy adjustment attempt. China's criminal policy of the rule of law is criminal on the road ahead.