The Study Of Penalty System From The Angle Of Combining Lenience And Severity

The criminal policy of combining lenience and severity is a basic criminal policy which is presented in time when the Chinese society enters into a new historical period. It is presented based on the rational reflection, continuation and development of the past criminal policy. From the angle of the criminal policy of combining lenience and severity, several defects can be found with the present penalty system in China. Meanwhile, the criminal policy of combining lenience and severity gives us an idea to perfect the penalty system. The thesis has three parts, not including introduction and conclusion:Part one first looks back the historical process of the criminal policy of combining lenience and severity, then analyzes the criminal policy of combining punishment and lenience as well as the criminal policy of "Cracking Down on Crime" after the construction of The people's Republic of China. Next it proceeds to conclude the background, process and significance of the emergence of the criminal policy of combining lenience and severity. Meanwhile, the thesis makes an interpretation of the contents of the criminal policy of combining lenience and severity, gives personal understanding of "lenience", "severity" and "combination", and puts forward the basic requirements about the implementation of the criminal policy of combining lenience and severity.The present penalty institution of China has developed into a comprehensive system, including penalty system, measurement of penalty, the system of measuring penalty, penalty execution system and the elimination of penalties. However, there still exist some problems and needs to be improved from the new angle of the criminal policy of combining lenience and severity. Part two introduces the contents of the criminal system one by one, analyzes the defects of them at the same time, and then points out that one of the reasons why these defects exist is the criminal policy of combining lenience and severity is not implemented very well.Part there expounds the value of the criminal policy of combining lenience and severity in perfecting the penalty system from there aspects respectively:the legislation of penalty system, criminal justice and penalty execution. The defect of the legislation of penalty system is more obvious and it would be more difficult to get improved because the reform of legislation is after all gradual. The thesis mainly gives some suggestions about limiting the scope of the death penalty, reducing the frequency of its use, extending the probation period of suspended death penalty, perfecting non-custodial penalty and the establishment of Criminal Mediation. It is expected that the criminal policy of combining lenience and severity can be used to perfect the legislation of penalty system. The value of the criminal policy of combining lenience and severity in judical punishment reflects in two aspects, one being the infiltration of criminal policy of combining lenience and severity into the subject participating in the application of penalty, the other being the implementation of the criminal policy of combining lenience and severity in the reform of judical punishment. The value of combining lenience and severity in penalty execution lies in the use of commutation and the release on parole, which are the preferable interpretations of "lenience", but the procedures must embody justice in use.To sum up, the value of the criminal policy of combining lenience and severity in perfecting the penalty system is supposed to help realize the ultimate goal that the whole penalty system embodies justice and thus helps make a more harmonious and stable society.