Criminal Policy Of Temper Justice With Mercy And The Revision Of Criminal Law

Criminal policy is the soul and core of criminal law, criminal policy of criminal law is a cultural and standard. So, the state criminal law, and changed and waste is the need of social life and change as the forerunner, with criminal policy as the pointer. Tempering criminal policy changes to China’s criminal law is reflected in the "criminal law amendment (eight), particular bright spot is that the general provisions of the criminal law amendment, involved in all aspects of the penalty structure big adjustment. Though since it launched the criminal policy of tempering justice with mercy, the academia for its research has made great achievements, but the nature of the mesoscopic under much to explore the origin, development history, how to position and so on, through the way of social evaluation for research is one of the few, but a policy can be widespread public understanding, acceptance, is to determine the vitality of policy and the execution of the important factors, the implementation of every policy requires social evaluation as a touchstone. Therefore, it is necessary, by means of empirical study based on community feedback to further improve the research of criminal policy of tempering justice with mercy. In this paper, the most can reflect the concept of criminal policy of combining "criminal law amendment (eight)" as the breakthrough point, focus on the most pertinent general revision part. This paper through theoretical construction, and expounds the concrete criminal legislation policy, further discusses the criminal policy especially the relationship between criminal policy and criminal law legislation, cut into the topic concrete criminal policy of tempering justice with mercy general provisions of the criminal law is discussed. Then detailed empirical research involves various aspects, including the research purpose, method, path and the investigation procedure, simultaneously elaborated based on the investigation of the problems and deficiencies. In the concrete data analysis part of the old people in general more representative in modification greater crime, the death penalty, restrictions were reduced and the minor crime from three aspects of concrete analysis, from the theory of evolution to Excel and SPSS chart data, according to the chart variable, it is concluded that whether people or area for three aspects of doing is a positive attitude, modify the vast criminal policy of combining achieved positive social evaluation. According to the amendment to the unknown parts of the specific implementation measures and investigation to some problems, puts forward the greater for the elderly crime, the death penalty limitation were reduced and the minor crime from the aspects of the perfection of related measures, including the old age to count points, limit suspended death sentence, the judge discretion, juvenile recidivism system and exempt from criminal record reporting obligations system, etc. Hope that through this kind of study way for the study of the criminal policy of tempering justice with mercy broaden the path, for the implementation of policy of providing practical support to maximize profits.