A Study Of Decriminalization From The Aspect Of The Criminal Policy

To be brief,decriminalization means no longer treats criminality as a crime as before. Concretely speaking, it not only includes legalizing some criminal behaviors or using administrative or civil laws to regulate such behaviors, but also decrimina- lizing some specific behaviors through judicial procedure. The decriminalization of specific behavior excludes the application of country's penalty power, which helps to restrain the country's power in criminal domain and guarantee human rights. So decriminalization should be considered into the policy of domestic criminal laws.The article systematically investigates the meaning and the foundation of decriminalization, and discusses the implementation in criminal legislation and judicial practice from the aspect of criminal policy. From the research, the author thinks that an expansion tendency exists in domestic criminal law, which is adverse to the protection of civil rights and the realization of monocracy. Though the domestic judicial circumstances are different from that of some western countries, the proposition of decriminalization criminal policy has important theoretic and practical meanings. The rational concept of crime and penalty, the limitation idea of criminal law, the relativity concept of criminal law and the protection of human rights help us to eliminate our superstition toward criminal law. Similarly we can use criminal measures to control committing crime. The article is divided into 5 parts besides the introduction and epilogue, with about 36,000 words.The introduction firstly discusses the importance of the issues of criminalization and decriminalization in criminal policy. Then the author analyses the main intention to study the issues of criminalization and decriminalization. The author points out that it is important to study the issue.Part I: the definition of decriminalization is given at the beginning of this part. Then the author enumerates disputes on the issue of decriminalization in of various scholars. The author gives his own definition of decriminalization after analyzes these disputes.Part II: the author analyses the origin and development histories of decriminali- zation in this part. The contents include the development histories of decriminaliza- tion in GB, USA, Europe and Taiwan region.Part III: the author analyses the theoretical foundations of decriminalization. These foundations include limitation idea of the criminal law, the relativity concept of crime, liberalism and the protection of human rights.Part IV: this part goes back to analyzes the criminal policy in China. The author mainly introduces the development of criminal policy in China and its relationship with decriminalization. The author firstly introduces the development history of criminal policy in China, then makes his own conclusion that China should introduce the concept of decriminalization urgently after animadvert some viewpoints of some scholars.Part V: the author analyses 6 factors which should be considered in the legislation aspect when talking about the concept decriminalization. The author mainly analyses the former four factors with real cases.The epilogue is the summaries of the article.