Reflections On The Criminal Policy Of "Two Little One Wide" In China

In recent years, China has continuously witnessed a number of violent terrorist incidents, which shocked China as well as the whole world. These violent terrorist incidents brought great panic to our society. What is worse, to some certain extent, it also intensified the contradiction between the Han and minority. Some minority criminals even attempt to take the "Less wide" criminal policy as their protective umbrella for their crime lenient punishment. Whereas, the Han people think that on the issue of ethnic crime, their interest of lives and property are not well guaranteed, self-deprecating themselves as "second-class citizens". To highlight the justice and fairness of the law, quite a few experts and scholars called for the cancellation of "less wide" Criminal Policy.The "Less wide" as a criminal policy proposed in the special historical conditions, is not only to compensate the catastrophe in the minority which is caused by the" strike hard", but also to balance the high level crime situation caused by the lagging economic and cultural development and a wrong understanding of certain criminal behaviors. However, with the end of "strike hard’\the constant progress of social legal、the continuous assimilation of monority and the uninterrupted improvement of minority s’cultural quality, it has no less urgent than before that government distinguish those things artificially in order to achieve the fairness.However, our country is a unified multi-ethnic one. The "Less wide" as the only one monority criminal policy, its role in judicial practice is irreplaceable. On the one hand, compared with the Han, even if the minority areas have made great progress and development, there still exists certain economic and cultural gaps. Constraints and low cultural quality of life is the important reasons to induce crime. One the other hand, most of China’s ethnic minorities have their own unique customs, which have a huge impact on the minoritys’value judgments and behavior choices. Those impacts are subtle but deep-rooted, resulting in immense differences between whether their behaviors belong to criminal ones or not in some situations, such as bigamy. Thus, the status of "Less wide" criminal policy will be unshakable in a very long time.Although the "Less wide" criminal policy plays a tremendous role in our criminal law practice, we can not expand its scope artificially and unlimitedly. It is only for those criminal acts caused by political, economic and cultural differences in the minority areas.The violent terrorist crimes, which are serious harm to national security and social stability and have no correlation with the economic and cultural development of minorities, must get a heavy punishment. The "less wide" criminal policy can not be taken advantage of by those minority criminals and international anti-China forces to endanger our national security and undermine national unity.This also requires us to have a correct understanding of this policy, to take a rational view of its reasonableness, necessity and some problems that exist in the theory and practice, to solve the problems,improve the policy and making it better able to apply the requirements of the times and of the status quo.