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On The Application Of Criminal Policy Of Temper Justice With Mercy In The Death Penalty

Posted on:2014-02-17Degree:MasterType:Thesis
Country:ChinaCandidate:Y J ShenFull Text:PDF
GTID:2176330434972650Subject:Law
Abstract/Summary:PDF Full Text Request
The criminal policy combining leniency with severity should be the fundamental policy at present in China. It covers the whole process of legislation, justice and execution of punishment. It is the success and development of combining punishment with leniency in modern times, and it is also the rational reflection of strike hard policy. It is the guidelines for justice organs to implement the laws to punish crimes, anti-crimes, protect the people and guarantee the human rights. The criminal policy combing leniency with severity was put forwarded on the sixteenth meeting of the communist party, and caused a bigger echo in the society. Because of the proper interpretations made by the Supreme People’s Court and the Supreme People’s Procuratorate, the contents of the criminal policy combining with severity become authoritative. It provides the right ways for the scholars, and the researches made a great contribution to the implementing of the criminal policy combining leniency with severity.The debate of the controversy about the maintenance or revocation of death penalty has lasted for a long time. In accordance with the global trends, death penalty will be abolished in one day. Because of the cruelty and irreversibility, death penalty is always the controversy topic. Faced with the fact of social transition, the crime situation is very seriously, it is not a good choice to abolish the death penalty now. But the death penalty shall be controlled in the judgments. The current policy of death penalty of our country is "retain death penalty, strictly control and carefully use it". The implementation of the criminal policy combining leniency with severity provides the basis for controlling death penalty. The leniency of the criminal policy combining leniency with severity includes tolerance and relaxation, the death penalty should be controlled strictly.Because of the inherent macroscopic and abstractive of policy, the criminal policy combining leniency and severity is lack of manipulation. Since lack of specific standards, different people may have different understanding, the result is controversial. So, properly understanding the contents of the criminal policy combining leniency and severity is very significant. Based on the realities, this paper makes a systematic investigation about the historical origin and realistic basis, makes a detailed explanation about the definition and contents implied in this criminal policy, and makes a profound analysis about the implementation of this criminal policy in death penalty.
Keywords/Search Tags:Combining Leniency with Severity, CriminalPolicy, Death Penalty Control
PDF Full Text Request
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