On The Tempering Criminal Policy With Mercy

Criminal policy is the soul of criminal legislation and justice, which can push forward the construction of rule of criminal law. Tempering criminal policy with mercy is the basic criminal policy of our country, the reconstruction of legal philosophy under the background of constructing socialist harmonious society, reflects the transformation of the ruling concept. Tempering criminal policy with mercy is the new development of criminal law, which will play a guiding role in criminal legislation and justice.This thesis use the method of combining theory and practice to analyse the tempering criminal policy with mercy.Apart from introduction and conclusion, the thesis is composed of five parts.The first part of this thesis is the theoretical definition of tempering criminal policy with mercy.The author mainly discusses about the connotation and content of Tempering Criminal policy with mercy, and discusses three key words:"leniency", "severity" and "combination" in detail, summarizes the main content of tempering criminal policy with mercy, and then points out that tempering criminal policy with mercy is not only criminal legislation policy but also criminal justice policy.The second part of the thesis is the historical evolution of tempering criminal policy with mercy.The author discusses the history origin and development of tempering criminal policy with mercy. Tempering criminal policy with mercy has profound historical origin and rich cultural deposits.From a hisrorical perspective, this thesis expounds the evolution of "tempering justice with mercy".The formation and development of the policy is briefly analysed.The third part of this thesis is the necessity of tempering criminal policy with mercy. Tempering criminal policy with mercy is the requirement of constructing socialist harmonious society, the requirement of overcome the defects of severe crackdown policy,the requirement of crime status,the need for the protection of human rights, the need for save penalty resources.Therefore, tempering criminal policy with mercy is necessary to our country.The fourth part of the thesis is the ideas of tempering criminal policy with mercy. Tempering criminal policy with mercy contain five ideas: the austerity of criminal law, the economy of criminal law, principle of suiting punishment to crime, assurance of human rights, humanitarianism.The fifth part of the thesis is the realizing ways of tempering criminal policy with mercy .The author discusses how to realize tempering criminal policy with mercy on the ideology, the legislation, the justice and the execution of criminal punishment.In the idea, we shall update our ideas, abandon pan-moral thoughts.In the legislation, wo shall perfect punishment structure and construct harmonious criminal nets.In the execution of criminal punishment, we shall expand the scope of Non-prosecution, establish victim offender reconciliation system, improve other proceedings.In the execution of criminal punishment, we shall adopt unimprisionment measures as much as possible, promote community correctional system vigorously.