The Study On The Criminal Policy Of Combining Punishment With Leniency In Jail

It is an important breakthrough in China that constructs the harmonious society. Since the previous severe criminal policy being criticized, the lenient and severe criminal policy has been regarded as a basic criminal policy nowadays and in the future. The policy has more realistic significance in the current construction of harmonious society especially. So the research on the policy is of importantly theoretical and practical value.As an important constituent of the politics and law institution, the jail has unique responsibility which cannot be shirked in implements of the national criminal policy leniency with sternness as aids. To promulgate profoundly the spiritual essence of the execution in jail is the important premise for jail to implement scientifically the criminal policy leniency with sternness as aids; to focus retribution function of the execution in jail is the basic guarantee for jail to display important criminal policy function. In this foundation, special attention should be paid for execution management, the jail shall give positive promotion in construction of the harmonious society.The thesis is composed of five parts. In the first part, the thesis presents the background of the study, the overview of literature and the framework of the thesis. In the second part of the thesis, the thesis reviews the historical development of the lenient and severe criminal policy. And stability and adaptability should be persevered simultaneously in performing the lenient and severe criminal policy in Tianjin and China. It has always being an important topic in our traditional legal culture that whether crimes should be punished leniently or severely. In the third part of the thesis, the study illustrates the methods of implement of the criminal policy of combining punishment with leniency. Commutation, parole and release for medical treatment are the main ways to execute penalty. And there are many problems in the reality. After summarizing the practice and exploring the applicable rules, the thesis analyses the reasons that can explicate the problems of implement of the criminal policy of combining punishment with leniency in the fourth part. In the fifth part, the thesis sets forth the significance as well as principles of implement of the criminal policy of combining punishment with leniency. Finally the thesis makes suggestions on how to implement of the criminal policy of combining punishment with leniency.