The Application Of The Criminal Policy Of Temper Justice With Mercy In Procuratorial Work

The criminal policy of temper justice with mercy is a necessity of constructing a socialist harmonious society.The criminal policy of temper justice with mercy is to use justice and mercy in a dialectical way. It's meaning are:applying the lenity and severity strictly conforming to the criminal law;reasonably distinguish the criminal responsibility of the accused according to concrete circumstances of each case;and employing properly the mercy and severity to keep the equilibrium of punishment application .The criminal policy of temper justice with mercy is the continuation and development of the criminal policy of"combining punishment with leniency". The criminal policy of temper justice with mercy is rectifying the policy of severe punishment, and the"loose and severe"policies in the Western countries can be borrowed.The criminal policy of temper justice with mercy shall be the guide line running through all phases of procuratorial work including supervision of investigation,examining for prosecution.Implementing the criminal policy of temper justice with mercy in procuratorial work is a necessity of constructing a socialist harmonious society.It is useful to preserve the safe of the society and save the judicial resources.At last ,taking the application of judicial practice into consideration ,combining the situation of our country and experiences of foreign countries, the author proposes: Correct comprehension"if it is necessary to arrest"is the foundation of carrying through the policy of temper justice with mercy in supervision of investigation. The non—prosecution discretion should be cautiously while daringly exerted according to the law in prosecuting work, and the criminal composition should be actively norm actively applied and the summary procedure should be applied to extended scope.