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

As a basic criminal policy in China to punish and prevent crimes in current stage, the formation and propose of temper justice with mercy is not by chance, but under the background of creating harmonious society, introspecting and correcting the "strike-hard"policy, as well as basing on the inheritance and development of combining punishment with leniency and under the requirement of seeking efficiency of criminal penalty and saving judicial resource effectively to fight against the increasingly complicated crime phenomenon. As a judicial supervision organ, the procuratorial authority has an important task to maintain the harmony and stable of society, it's necessary to grasp accurately the essence and connotation of temper justice with mercy, to understand deeply its time significance and position, to carry out it in procuratorial work, to improve our ability of serving for construction of a harmonious society.At present, there are two tendencies in judicial practice of criminal policy of temper justice with mercy. Some regard it as the same of criminal policy leisurely, and to carry out temper justice with mercy is to treat crimes leniently. While others are used to applying the criminal policy of temper justice with mercy in the way of "strike hard" and emphasize to strike heavily. Thus, such abnormal law enforcement phenomenon occurs that both lenient and strict are unreasonable when applying temper justice with mercy in procuratorial work. This text analyses the cause of imbalance of lenient and strict in applying the criminal policy of temper justice with mercy, proposes the improvement suggestions on how to grasp accurately and carry out completely the criminal policy of temper justice with mercy in procuratorial practice, so as to stimulate readers to do deeper research on the criminal policy of temper justice with mercy.