On The Criminal Policy Of Temper Justice With Mercy

The criminal policy of temper justice with mercy has been regarded as a basic policy nowadays in china. It is expected to realize punishing crime and decreasing social counterwork at the same time so as to achieve the unity of legal and social effects by applying the policy. The policy has more realistic significance in the current construction of harmonious society. This article sticks to integrating theory with practice and consists of four chapters.In chapter one, this paper discusses outlook of criminal policy and basic theorys of criminal policy and its concept, nature and function. Criminal policy is the system including various kinds of anti-crime strategies, methods and specific measures established by country and society. The essence of this policy lies in judicial resources allocation for preventing and controlling crimes, which has three functions: guidance, regulation and symbol.In chapter two, the evolution of criminal policy in china is looked back and the connotation of the criminal Policy of temper justice with mercy is interpreted. Basic criminal policy in new China experiences from "combination of punishment with leniency" to "severe punishment" to "temper justice with mercy". The connotation of the criminal policy of temper justice with mercy is interpreted from lenience, severity and coordination.In chapter three, theoretical basis of this policy is discussed which includs lenience, severity and coordination. Tolerance of criminal law, labeling theory and humanity theory are embodied in "lenience". Regression of retributive penalty, penalty inevitability and traditional concept of severe punishment are the core elements of "severity". The principle of suiting responsibility punishment to crime and unity of opposites mean "coordination".In chapter four, from the present practical work of procuratorial prosecution, problems in the implementation of the criminal policy of temper justice with mercy are analyzed and personal suggestions are put forward. Problems lie in the influence of inertial thinking in "severe punishment" , the restriction of evaluation mechanism and procedure and the unsuitability of system of relative no-prosecution for foreign population. Personal suggestions include changing ideas, modifying legislation, standard evaluation mechanism, simplifying procedure and establishing reprieve prosecution system.