Regional Criminal Policy Theory And Practice

How to effectively realize the criminal policy turns into a major and difficult issue of the contemporary theoretical area of criminal policy. The design of a path to the realization of the criminal policy for a country, direct manifest the concept of this country's criminal policy as well as the construction of the entire ruling of criminal law operation mode, and has impacts on the level of play of this country's criminal policy and the extent of the effect of the application. Which path to choose should make clear in the process of criminal policy formulation and implementation.The experts in this country in criminal law have already made a lot of research of the criminal policy, and achieved fruitful results of the theory in the concept of the criminal policy, scope, constraints, purpose, and the foundation. However, very few people focus on the path to realization of criminal policy, not along the regionalization of the criminal policy. In this situation, we should make study of the way to criminal policy realization, and then the criminal policy of this country can be effectively implemented.With the strategy of "Jiangsu Province with rule of law", "Zhejiang Province with rule of law", and so on proposed, the research for the regional rule of law was put on the agenda of the social sciences. The regional ruling by law is a Specific strategy, which is based on the region its own situation, to achieve the goals of rule of law, and in this sense, has considerable positive significance. The initiation of the study for regionality of criminal policy of regionalization is a proper meaning of the regional ruling by law. In today's China taking the harmonious social development as the main theme of contemporary, clearing the idea of regionality, is helpful to the implement of the criminal policy with lightest punishment and getting the desired effect of the criminal policy containing tolerance and severity, and has even more theoretical and practical significance. Based on this, the paper trying to take the regional legitimacy and feasibility of the rule of law as the starting point, make a in-depth study of the theoretical foundation and practical significance of the regionality of the criminal policy, and in some degree, this theoretically has the innovation significance and the practical significance in the criminal policy implementation.The full text is divided into four parts, and about 35,000 words.Part one: Overview of criminal policy. First, this part elaborated the criminal policy concept. Overall, the definition of the criminal policy has two divisions, wide sense and narrow one. In the wide sense, the criminal policy is of all national means and methods for the purpose of prevention and suppression of crime, including not only the various criminal penalty systems directly aiming at crime prevention, but also all the social policy indirectly related to crime prevention. In the narrow sense, criminal policy refers to the various criminal penalty systems and the like, does not include the social policy indirectly related to crime prevention. This article holds that the criminal policy as a baton the legislation and judicial operation, the meaning of it should be relatively microscopic. It refers to that the combination of a series of specific strategies and measures in accordance with the country's crime situation and the development, which are for the purpose of protecting of human rights, controlling and prevention of crime, and maintaining social stability. Second, this part made a brief review of the history of criminal policy development, introduced a concrete manifestation of criminal policy both at home and abroad, and then concluded that the criminal policy has tended to be lightened.Part two: the idea of regionality of criminal policy. First this part carried on a inspection to connotation of regional rule of law. Regional rule of law is a concrete application of the theory of regionalism, both at static and dynamic sense. In the dynamic sense, the regional rule of law is a process that in the course of ruling by law in the entire country, some of the more developed regions (generally only provincial-level as independent units for rule of law) in legislation, law enforcement, judicial, legal cultural building, and others advancing in the forefront of the country, take the lead in achieving certain objectives of ruling by law, and this manifests the gradual process of the ruling by law. In the static sense, the regional ruling by law means that in the premise of ensuring the legal system as a unity in one country, the different regions with the political, economic, cultural and social management mode particularity, in the process of building the rule of law exhibit a certain special state. In the static sense, the regional ruling by law roots in the specialty of different regions, and it is actually a reflection of the concrete of ruling by law. Regional ruling by law and local protectionism is diametrically opposed; and may co-exist with the entire ruling by law. The regional ruling by law stressing particularity under the premise of unification of ruling by law, has always paid attention to take "the rule of law" as a core.On the basis of regional ruling by law, the author then presents a concept of the regionality of criminal policy. It refers to tha the criminal policy should be established under the premise of maintaining the criminal laws relativeley stable , considering the applicable region (generally provincial regions as the independent units) and application of the different characteristics of objects, in particular the imbalance of economic development. So that , the criminal behaviors are adjustmented in accordence with different rigions, and in the legislature and the judiciary, a clear criminal policy is set for the regional political, economic and social developing regular pattern. The regional criminal policy has orienting function, supplementary function, fine-tuning function, and the function of promoting building a harmonious society.In addition, this section also further clarified the relationship between the regional criminal policy and the basic principles of criminal law, the entire criminal policy, as well as the criminal policy containing tolerance and severity. The relationship between the entire criminal policy and the regional criminal policy is the whole with the part, and is the guide and the implementation. Regional criminal policy should be operated in the macro-context of the entire criminal policy, and tally with the principle and the basic system of China's criminal policy. regionalization of criminal policy is an effective way to implement the criminal policy containing tolerance and severity.Part three: the theoretical basis of regionality of the criminal Policy. This part argues from the following five aspects. First, the political and economic imbalance in the development of is the fundamental reason for regional policy. China is a country with serious imbalance between the political and economic development. And there are also major differences between regions, so that regional particularities are very significant. From an point of view of economics, the differences between the regions will be guided to the direction of regional development in ideology, legal culture, political situation. It will also have impacts on the implementation of specific criminal policy. From the point of view of criminology, the crime as a phenomenon also has some regional characteristics, so it will be necessary to develop and implement a regional criminal policy matched those regional characteristics of the crime.Additionally, in China block-strctured regions, especially in the provincial-level administrative region, a regional criminal policy has considerable sociological basis. Secondly, the normal knowledge, common sense are the the theoretical cornerstone of regional criminal policy. The normal knowledge, common sense of justice can guide and measure the formulation and implementation of local legal documents. Criminal policy, in the course of its implementation, should take the normal knowledge and common sense of justice, especially the local social conditions and public opinion, as the guiding ideology. Thirdly, the legitimacy of the regional ruling by law is the premise regional criminal policy. First of all, the graduality of the ruling by law in the process of pursuing the national target of the rule of law determines the necessity of regional ruling by law. A number of provinces with the political, economic, cultural and social conditions suitable for ruling by law, take the lead to achieve the objectives of the rule of law by the evolution of system and configuration of management strategy, not only feasible but also necessary. Next, the local initiative determines the reality of the regional ruling by law. Fourthly, the constitutional basis of the regional criminal policy. There objectively exists separation of powers between the central and local in China. With the system of separation of powers and recognition of the "local autonomy" , the specific modes of ruling by law in different regions are inevitablely different, and "the regional ruling by law" have sufficient constitutional basis. Fifthly, the flexibility and peculiarity of the criminal policy of are the necessary conditions for the realization of the regional criminal policy.Part five: the direct of regional criminal policy in practice. On the basis of the analysis of the idea and theoretical foundation of the regional criminal policy, this part proposes the specific ideas of the realization of regional criminal policy, including the following aspects. First, the effective implementation of the Criminal Code in the region is the prerequisite. For some kinds of misdemeanors, the main treatment should be education, not punishment; in economic crime, for the more minor one involving small amount and slight vicious subjective, criminal fine can be commonly used; for the relatively serious economic and property crimes, the death penalty should be cautiously used; and the worst felonies should be resolutely cracked down on. In the practice of the regional criminal policy, the Higher People's Courts and Procuratorates of provinces, autonomous regions and municipalities, should play more important roles. Thirdly, the sound environment for the regional development of criminal policy should be created, which mainly includes the establishment concepts of "national·society" double-based criminal policies, creating a good moral environment for criminal policy, strengthening economic management and improving the legal system of economic laws and regulations.