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Certain Reflections On Criminal Policy Of Tempering Justice With Mercy

Posted on:2010-07-14Degree:MasterType:Thesis
Country:ChinaCandidate:Y HongFull Text:PDF
GTID:2166360272997751Subject:Law
Abstract/Summary:PDF Full Text Request
Criminal policy is a kind of tactic for a nation to avoid and control the crime. Whether the criminal policy of a nation is scientific will influence the whole effect of avoiding and punishing crime and upholding long-term peace and order and harmonious and stable society directly. On October 11, 2006, Decisions on certain major issues on establishing socialist harmonious society Central Committee of the Communist Party of China was adopted by The Sixth Plenary Session of the Party's Sixteenth Central Committee of Central Committee of the Communist Party of China. Pointing out Applying the Criminal Policy of Tempering Justice with Mercy, reforming judicial system of minor,actively promoting the Community Correction. Thus, Chinese Communist Party firstly called up the criminal policy of Tempering Justice with Mercy definitely. This kind of policy is new pioneering work and tactic that our Party and nation rectified and reflected the severe crackdown on crimes rationally, concluded experiences and lessons of both pros and cons, reflected the developing tendency of international criminal policy actively, according to the new situation of public security order and criminal state, on the context of establishing socialist harmonious society. However, there is certain way between current criminal law of our nation and the request of Criminal Policy of Tempering Justice with Mercy. Therefore apply Criminal Policy of Tempering Justice with Mercy have both vital theoretical value and practical significance that perfect the criminal legislation and criminal justice of our nation, accelerate the establishment of criminal rule of law of our nation, promote the establishment socialist harmonious society in criminal law. Chapter One analyze the context of criminal policy of tempering justice of mercy.Firstly criminal policy of tempering justice of mercy rectified and reflected the severe crackdown on crimes rationally, in certain degree, severe crackdown on crimes intensify social conflict and contradictions, enhance the instable and disharmony factors of society, thus they cause discrimination tendency of lots of social members, criminal policy of tempering justice of mercy is necessary results that partially emphasize reflected the severe crackdown on crimes rationally. Secondly criminal policy of tempering justice of mercy reflected the developing tendency of international criminal policy actively, as the increasing of international human rights and humanism and mercy of criminal penalty filter into people's minds, international criminal policy is moderating trend of penalty wholly, however all kinds of crimes are not dealt with mercifully, there is some balance between mercy and tempering, in order to avoid results of inaccuracy mercy and tempering. Lastly criminal policy of tempering justice of mercy is certain claim of establishing socialist harmonious society. Implementing the criminal policy of tempering justice of mercy should insist on differential principle that deal with different crime, in order to combating crime and upholding long-term peace and order of society, safeguarding the sanctity and authority of the law, at the same time mercy should be paid great attention to, turning negative factors into positive factors utmost. Only in this way, can severe crime be combated intently, save the poor, deal with social contradictions properly, decrease social confrontation, moderate social conflict, upholding harmonious and stable of society, in order to realize unifying legal effect and social effect.Chapter Two analyze the concept of criminal policy of tempering justice of mercy. According to analyzing mercy tempering alternate in criminal policy of tempering justice of mercy, mercy and tempering in criminal policy of tempering justice of mercy are two corresponding parts, are unified parts of criminal policy of tempering justice of mercy. Between mercy and tempering are not separate, between the two are interactive: mercy criminal policy emphasize safeguard and rectify of criminals, embody esteem and safeguard of human rights freedom and order, although tempering criminal policy emphasize penalty and combating of criminals, the goal of combating is upholding public security effectively and restore social order invaded. Thus as the two parts of criminal policy of tempering justice of mercy, although value orientation and starting point are different, final goal is the same, that is to say, in order to strengthen the effects criminal policy of tempering justice of mercy, we should realize certain balance between mercy and tempering. Only in this way can mercy and tempering be unified, the unified criminal policy can be embodied.Chapter Three analyze criminal legislation and criminal justice of the range of criminal policy of tempering justice of mercy. Firstly criminal policy of tempering justice of mercy should be realized in criminal legislation. At first, criminal policy of tempering justice of mercy is legislation policy, the appliance of mercy and tempering should based on situation of public security order and criminal state at that time, there are two sides in criminal legislation, on the one hand, the structure of criminal law should be scientific and rational, criminal policy of tempering justice of mercy should be harmonious in the structure of criminal law firstly, this is the foundation realizing criminal policy of tempering justice of mercy. If the structure of criminal law is strict, the range of criminal law will be enlarged. To infringe the freedom of citizen severely; if the structure of criminal law is inadvertence, the crime is indulged, not to strengthen the effective function of criminal law combating crime. Therefore which kinds of actions should be coped with in criminal way and which kinds of actions should not be coped with in criminal way have important meanings in constructing scientific and rational structure of criminal law. On the other hand, the structure of penalty should be scientific and rational the structure of penalty is realizing ways of criminal policy, guided by criminal policy, all kinds of classification of penalty should be rational in construction and coordination, only in this way can it be in according with task of criminal policy resulting in realizing the goal of criminal policy. Secondly criminal policy of tempering justice of mercy should be realized in criminal justice, judicial organ are both body executing criminal law and concrete executant of criminal law. In the trial, implementing criminal policy of tempering justice of mercy have important realistic meanings in punishing crime safeguarding human rights upholding the harmony and stability of society promoting judicial and efficiency justice. In establishing socialist harmonious society, punish crime must alternate judicial sense, emphasize social harmony, regard promoting social harmony as important standard of judicial work. Two sides should be embodied in justice; on the one hand it should be embodied in conviction, criminal offence has complexity and diversity, if the requirement of criminal policy of tempering justice of mercy is met by people's court, every specific constitutive elements of a crime of criminal behavior, the cause of crime and the results caused by crime must be analyzed, and some circumstances should be justified correctly, so that the results of judicial referee can be gotten according to applying in specific legal regulations. Therefore judicial organ should realize criminal policy of tempering justice of mercy according to the two sides of mercy and tempering in conviction. On the other hand it should be embodied in measurement of penalty, different circumstances should apply different penalty, even in the same case, mercy and tempering should be coordinated. The function of criminal policy should be further elaborated and the alliance of banes should be further collapsed in order to realize unifying legal effect and social effect.
Keywords/Search Tags:Tempering Justice with Mercy, Criminal Policy, Appliance
PDF Full Text Request
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