Research On Temper Justice With Mercy Of Criminal Policy And Its Monitoring System In Judicial Reform

Criminal policies, as the soul of criminal legislation and justice, are the strategies and measures adopted to prevent criminal offenses. Criminal policies are always closely linked with the social development levels. The appropriate criminal policies can actively contribute to the social development, whereas the outdated criminal policies will negatively impede the progress of the society. Temper Justice with Mercy is one of the important changes of criminal policies maded by the CPC Central Committee according to the current political and economic situation, and will be an important indicator adopted by the political and legal organs in the implementation of the law henceforth. To implement the Temper Justice with Mercy Policy has been established as an important content in the next stage judicial reform.The essential of the Temper Justice with Mercy Policy is to differentiate the crime offences by the severity and the human dangerousness of the crimes. It calls to treat the severe and dangerous crimes strictly, and vice versa. Through the differentiation, combating, isolating, polarizing and collapsing the monorities who commite serious crimes, while probating, saving and transforming the majorities on the other hand, it prevents and reduces crimes.At present, the political and legal organs at all levels are actively exploring and establishing the working mechanism and case-handling manner of the implementation of the Temper Justice with Mercy Policy.And we have made some successful experiences and practices in cracking down the severe crimes strictly, and being lenient to the insignificant crimes at the same time. However, we have to say there are still incompliancies or even departures from the Policy in law enforcement, in some areas and departments. So setting up an effective monitoring mechanism is necessary and will make the policy more feasible and scientific.