The Criminal Policy Research

Considerations of policy factors in the criminal justice process have varying degrees manifestation in the judicial practice through the ages. In modern society ruled by law, the judicial activities not only need to observe the substantive law and the procedural law strictly, but also to scrupulously follow the criminal policy which can instruct the criminal justice. Without the instruction of criminal policy, the criminal law will turn to be the deathly stiff law, and the criminal justice will also lack any spark of life. So analyzing and researching the lenient and severe criminal policy has an important theoretical and practical value.This paper consists of four components.The introduction starts with the assessment of "the case of Xu Ting", and then leads the theme.Part one is an analysis of the lenient and severe criminal policy. The analysis mainly consists of two aspects: one is the background of the lenient and severe criminal policy, the other one is the rudimental meanings of the lenient and severe criminal policy.Part two is the historical investigation and comparative analysis of the lenient and severe criminal policy. This part consists of three aspects: The first two aspects are the historical investigation of the lenient and severe criminal policy. The last aspect is a brief introduction of the western bipolar policy. By analyzing criminal policies in the eastern and western countries comparatively, the paper draws a conclusion. In modern society, the criminal policies in the eastern and western countries have a bipolar tendency and a same development trend. In order to make a desired effect while our country putting the lenient and severe criminal policy into practice, we should take warning from the implementation of the policy in ancient times and learn the experience of foreign countries.Part three analyzes the necessity and the realistic foundation of our country implementing the lenient and severe criminal policy. The paper analyzes the necessity from five aspects: the crime situation during the period of transformation, the situation of justice resource, the balance between the country benefit and individual benefit, restore the relationship between the criminals and the criminal victims, international justice image and judicial civilization. Then the paper analyzes the realistic foundation of implementing the lenient and severe criminal policy.Part four demonstrates the realization of the lenient and severe criminal policy from concept aspect and legal system aspect. The realization of the lenient and severe criminal policy is a comprehensive complicated project, which not only needs the transformation of the concept of the criminal legislature, judicial authority, but also needs the consummation of the substantive criminal law and procedural law, in order to protect the realization of it. In the field of concept, we need to set up a judiciary idea with lenient and severe. This part is composed of changing penalty concept, establishing the concept of nomocracy, embodying humanism thought. In the field of legal system, the paper gives first place to criminal procedure law. The paper proposes that we should revise Criminal Procedure Law again to provide protection for the realization of the lenient and severe criminal policy. The part of legal system is composed of two aspects. One is setting up consultative justice, strengthening the procedural flexibility, which includes the system of plea bargaining, the system of immunity of witness, and the system of victim-offender reconciliation. The other one is improving the system of free evaluation non-prosecution, the system of defer prosecution and other related systems.