The Study Of The Coordination Of Benevolence And Stringency's Criminal Policy And The Realization Of Judicatory

Crime policy is the intensive reflect of social reaction to crime phenomenon. From some sense, it is the problem of publicly social policy. Currently, we emphasizes the carrying of combination of tolerance and strictness in the crime policy. This policy is the response of society and country to the political aim of constructing a harmonious society from the respect of anti-crime struggle. Combination of tolerance and strictness connects greatly with crime judicature, which is a complete process, including detection, prosecution, trial and execution. It is the important link of carrying out the crime policy with the combination of tolerance and strictness, the leap of realization of crime policy from theory to reality. Therefore, this paper is mainly to illustrate the crime policy from the view of crime judicature and explore how to implement this policy in crime practice. This paper contain three parts, there are preamble, text and closing. And the text is divided into three chapters.The preamble state out the origin of the word "criminal policy"as its entry point, It point out the close relationship between Politics and Policy, and The former determines the latter. This crime policy is just under our country's need of building a harmony society, when we put it into practice, At first it initiated by the judiciary, which Pointing out that the main need at this stage is doing research to know how it affect judicial activities.The first chapter is to study criminal policy of coordination of benevolence and stringency. This chapter starts from the correlation between the criminal policy of corrdination of benevolence and stringency and other criminal policies, the main content and goal. Then it points out that the corraination of benevolence and stringency tries to treat different crimes and to realize the goal of social harmonious through the efforts of judicatory(broad sense).The second chapter is main to analyze the standard question of "benevolence" and "stringency" and to study the difficulties that it was met and shall be met in the judicatory practice. In order to be produced a marked effect, the criminal policy need other specific safeguards of legal system.According to the study of the four periods of investigation, indiction, adjudgement and execution, the third chapter is to put forward the idea of carrying out the coordination of benevolence and stringency's criminal policy.The last parrt is to make a conclusion about the whole passage, and to look into the future of the criminal policy.