Impacting The Criminal Jurisdiction By Criminal Policy

Since the country was born, the jurisdiction is the main means of conflict resolution in human society. However, for the crime which endanger the social stability and Govern order seriously, the country is completely retained the power to dispose of it. This is the criminal judicial command right. At the present time, the criminal jurisdiction changed a lot in form and substance, but it is still the most important measure to deal with crime. Although, the criminal jurisdiction in modern has made great improvements in the protecting human rights and maintaining social stability, it also exposed a lot of drawbacks. The criminal policy appeared on the basis of reflecting these drawbacks, and it has many influences to the criminal jurisdiction inevitability. Since it was born, the criminal policy does not have the completely unified concept. The scholars in the world have a lot of viewpoints. However, the understanding of the Chinese scholar has a deviation from the understanding of the international community. The definition of criminal policy of this essay means passive measures for dealing with the offenders'macroscopically and microscopically both in strategy and tactic by a state. On the basis of this definition, the author analyzes how the criminal policy itself weakens and separates criminal jurisdiction in a way that is independent of man's will. The author thinks this way is the normal separation within the framework of modern social democracy and ruling by law. The function of weakening and separating to the criminal jurisdiction by criminal policy are unified. The function of weakening analysises that the criminal policy breaks the tradition way for dealing with the crime. The function of separating analysises that the right organs of criminal policy include the court,the administrative organ,the social groups and the person.