A Probe Into The Criminal Policy Of "Two Little One Wide"

Taking account of preventing and protecting minority human rights and controlling the criminal activities in minority regions, a series of minority criminal policies have been made in our country, among which "Two Less One Leniency"minority criminal policy is the most representative one.We all know that China is a unified multi-ethnic country.Many ethnic minorities live together in the extensive land where the economic develops relatively slower than the coastal areas for a long historical period. Moreover for the reason that folk customs, religious beliefs, values and life-style among the various ethnic minorities are also different, criminal activities of every ethnic minority have distinguished feature. Therefore in dealing with criminal activities in ethnic minority region, it’s especially important to be fair and to protect the human rights. And based on fully considering the reality in our country, for the first time the "Two Less One Leniency"minority criminal policy that "the minority criminals should be arrested and killed less and be punished leniently" was formally put forward in 1984.The policy has been playing an important role for 31 years in guiding national criminal policy applied correctly which contributes to China’s social modernization through protecting the human rights of minorities criminals, showing deserved respect for the criminals, maintaining the stability and development of border areas, and preventing and controlling crimes of the ethnic minority areas effective.However the policy is not applied as well as the country hopes, there are still many problems to be solved at the aspect of judicial work. This thesis induces the reason as follows. In terms of the law itself, ambiguity exists and status in the law is not clarified; the policy is applied not much and the judicial officers pay little attention on the polity.Any a long-term effective criminal policy maintaining the most powerful vitality should be changed stepping with of social environment constantly, and so does the "Two Less One Leniency"minority criminal policy. In order to overcome the problems mentioned above and to ensure the policy executed correctly, completely and effectively in ethnic areas, based on the analysis of its value and implementation in reality, the author puts forward some countermeasures. First of all, the specific meaning and the policy position of the policy need to be clarified. Then the policy should be gradually legalized. Finally, judicial officers in ethnic minority areas should strengthen awareness of executing policy etc. Only through continuous standardization and legalization, the "Two Less One Leniency"national criminal policy can be adapted to the situation nowadays to reach the unify in social effect and legal effect.