The Construction Of Criminal Policy System And Its Application

The scientific criminal policy determines criminal theories to a great extent, guiding the development in criminal legislation, justice and execution. In the new century, especially with the gradual establishment of the criminal policy featuring tempering justice with mercy, the study and practice of the criminal policy in our country has been deepening continuously. Proceeding from a comparison of the concept of the criminal policy between our country and overseas countries, the author suggests that our understanding of the concept of the criminal policy is comparatively narrow. In combination with the study of criminal policy in western countries and our country as well as the comparison of its development route, the author reveals the tradition in our country that the criminal policy has laid too much emphasis on cracking down the criminal technology. Furthermore, the author points out the lack of systematic theory guidance as well as issues and deficiency in terms of the political, strategic, and practical tendency of the practice of the criminal policy by analysing the value pursuit of promoting the criminal laws from the conceptual level in the study and practice of the criminal policy in our country at the present stage as well as the significance and value of making up for insufficient criminal laws at the realistic level. The direction and target of the rational development in the criminal policy is also suggested. The rationalization of the criminal policy system is both the due significance of the rationalization of the criminal policy and a basic study. Therefore, the author advocates the establishment of the macro humanistic criminal policy, setting up the criminal policy system consisting of the macro, intermediate, and micro levels. In addition, the issue of its application within the range of the rule by the criminal law is also explored.