Criminal French. Criminal Policy Of Combining Punishment With Leniency Vision Contraction And Expansion

Criminal policy is the system of tactics, guidelines, strategies, measures, actions, artifices and wisdoms that aimed to strike crime rationally but effectively by the whole country and society. Criminal Policy of Combining Punishment with Leniency is a basic criminal policy under the background of constructing harmonious society and the international criminal policy tide of polarization. It is not only a judiciary policy but also ought to be a legislative policy. Besides criticizing and amending the current penalty system, it is also supposed to be guidelines in designing a rational criminal net by expanding or shrinking it in a certain extent.This article is composed of six parts: the foreword, four chapters and the epilogue.The foreword is a brief introduction of the original intention of this article. Nowadays, The science of Criminal policy especially Criminal Policy of Combining Punishment with Leniency has been already a popular subject. Scholars are apt to regard it as a subject of criminal judiciary policy, but can it also be considered as a basic criminal policy, a subject of criminal legislative policy which can afford guidance to redesign the criminal net? With these questions, the author starts her dissertation.Chapter one summarizes the criminal policy. Firstly, the author gives a brief analysis to the definition, the characteristics and the value goal of criminal policy, points out that Criminal policy is the system of tactics, guidelines, strategies, measures, actions, artifices and wisdoms that aimed to strike crime rationally but effectively by the whole country and society. It has three characteristics: political, critical and restricted. The value goal of criminal policy is to pursue rational but effective order. Then, this chapter probes into the relation of criminal policy and criminal law, holding a opinion that both of two are tend to unification on the basis of their inward differences: compared with criminal policy, criminal law is more precise and normative, which forms a distinct contrast with the agility and flexibility of criminal policy. As regards the unification, it comes forth that both of two are modificated because of the influences of each other.Chapter two unscrambles the Criminal Policy of Combining Punishment with Leniency. Firstly, the theoretical and practical foundation of the Criminal Policy of Combining Punishment with Leniency has been demonstrated in this chapter: it keeps consistent with the international criminal policy tide of polarization, corresponds to the aim of harmonious society, inherits Chinese traditional legal culture, and accords with the conception of pursuing humanistic. As for how to carry out the Criminal Policy of Combining Punishment with Leniency, after a review of the study actuality, the author indicates that as to carry out the Criminal Policy of Combining Punishment with Leniency, the aspect of judiciary no doubt is important, but we also can not ignore the aspect of legislative and criminal psychology. It is highly suggested that the Criminal Policy of Combining Punishment with Leniency must be taken as a guideline to amend the criminal net.Chapter three is about how to shrink the criminal net under the guidance of the Criminal Policy of Combining Punishment with Leniency, so it could achieve decriminalization in a certain extent. Firstly, this chapter points out that there is still some space of decriminalization under the current social situation. Then, the author discusses a few hot problems about decriminalization in the present stage, thinking that the victimless crime such as bigamy, the crime of breach soldiers' marriage, the crime of insulting body, the crime of assembled prurience, the crime of reserving someone else having illegal drugs and the crime of reserving or introducing prostitution should be decriminalized, especially euthanasia should be decriminalizaed practically.Chapter four is about how to expand the criminal net under the guidance of the Criminal Policy of Combining Punishment with Leniency. China is now at a high tide of crime because this country is in a period of switching, criminality is thematic. We have a loose criminal net and some measures should be taken to remedy: 1. the mode of definition of crime should not be "quantity complication and outcome orientation" which has made structuralism absence to criminal law , it is advised to introduce the personality complication into the mode of criminalization; 2. the design of the Provision and Accusal has been added too much subjective complication which is overrun especially in the purpose crimes, it is proposed to set up a "primary behavior, purpose aggravate" mode which can combine both behavior and purpose crime; 3. as for the crime constitution, There are obvious loopholes in our criminal law that only single crime constitution has been set up to the crimes which arises at every turn; the dangerous crimes is limited to the intentional dangerous criminal, So the series crime constitution and negligent dangerous crimes must be added. In the end of this chapter a few hot problems about criminality in the present stage has been researched and the author believes it is necessary to put the behavior of non-salvation-in-danger and marital rape into criminal net.The epilogue is a short sum-up of this dissertation.