The Application Of The Lenient And Severe Criminal Policy In The Procuratorial Affairs

Brief introduction: On October 2006, the lenient and severe criminal policy was formally identified by the Central Committee of CPC .As a basic criminal policy , the lenient and severe criminal policy is not only a criminal judicature policy ,but also a criminal legislative policy .The policy should be mostly applied in the field of criminal legislation.On condition that the criminal law can fully reflect the sprit of the lenient and severe criminal policy, we can implement the lenient and severe criminal policy in criminal judicature only through strictly applying the law. However, From the point of view of"should be", the criminal law can not be the"good law"in the ideal situation; from the point of view of"it can", china's existing criminal laws is far away from the requirements of the lenient and severe criminal policy. Nowadays, under the guidance of modern concept of the rule of law, the criminal policy based on leniency is applied widespread. In this way, the lenient and severe criminal policy can also be widely applied in china's criminal judicature.The sprit of the lenient and severe criminal policy is to judge the offender leniently or severely according to the different situations in the process of conviction, sentence and penalty. The limited jurisdiction of procuratorial power provides the legal principle for applying the lenient and severe criminal policy in the prosecution. In recent years, the Procuratorate carried out a lot of search into the application of the lenient and severe criminal policy. However, problems still obviously exist. In order to safeguard fair and justice of the society, we should identify the basic principles and conditions of the lenient and severe criminal policy which must be applied into all aspects of the criminal judicature in the procuratorial affairs .