Exercising The Criminal Judicial Policies Of Combining Leniency With Severity Under The Framework Of Rule Of Law

Putting forward the criminal judicial policies of combining leniency with severity is a timely and rational response to the domestic relatively serious public security situation and the whole crime tendency at present, and is a major change of the understanding for the function of the criminal laws. There are the social background for proposing the policies, the legal basis for formatting the policies, and the principle for exercising the policies. The policies are neither the tools for a few people abusing the judicial power, nor the details for the simple legislative, judicial, and law enforcement conducts without creativity and flexibility. This paper attempts to make a rough interpretation of the social foundation, law basis, basic principle and concrete application of the criminal judicial policies of combining leniency with severity exercising under the framework of rule of law, and explore the internal consistency between the policies and the notions of modern rule of law and criminal rule of law. Further, this paper proposes some simple and a little naive ideas about how to seek for a better operating mode to make the policies play an active role under the notion of the rule of law as the policies proposed.