The Lenient And Strict Criminal Policy And Application

To progress the legal concepts of society is very important to sets up and carries out the scientific development concept, immediate influence the advance step of constructs the Chinese characteristic socialism. Under current social background, the party and the country emphasizes implements the lenient and strict criminal policy. The lenient and strict criminal policy is the basic criminal policy that reflects the characteristic and request of the time. Apply the lenient and strict criminal policy can attack crime, maintenance the authority of law, solution society's contradiction and promotion society's harmony. In order to sets up and carries out the scientific development concept, we must carry on the detailed explanation to the meaning of the lenient and strict criminal policy, and research how to apply the lenient and strict criminal policy in reality.This paper divides four parts. In the first part it introduce the definition, process, effect and reconsideration of the "Strike Hard ", the lenient and strict criminal policy came up with reflections on the heavy Doctrine, and discusses the basis of the lenient and strict criminal policy. The second part of the paper analyze of the connotation of the lenient and strict criminal policy in detail. This part explain the definition of "lenient" and "strict" first, then analyzes the relationship between "lenient" and "strict", at the end of this part the author analyzes the meaning of "combining". In the third part, the author analysis the reality orientation and time significance of the lenient and strict criminal policy. The lenient and strict criminal policy is a basic Criminal Policy, it is helpful to attack crime and achieve social harmony. In the forth part of the paper, the author discuss how to apply the lenient and strict criminal policy both in the legislation and judicature.