On Temper Justice With Mercy Criminal Policy

The criminal policy of "Yan da" (strike-hard drive), which has lasted for more than twenty years, has been in deeply reconsidered in recent years. The appearance of the criminal policy of "Yan da" (strike-hard drive) relies on its realistic social backgrounds, but it doesn't mean the criminal policy is perfect without any defects.A plenty of important cases had been solved and critical offenders had been arrested in a very short time owe to implement of the criminal policy of "Yan da"(strike-hard drive), while on the other side, the main requirement of the criminal policy of "Yan da"(strike-hard drive), which needs punish with severely and quickly, may cause neglect of humanitarian and scientific character of punishment.Severe punishment breaks the balance between crime and penalty, then the punishment may consequently over expanded and may lead to the vicious circle of replacing one tyranny by another. While the unitary light punishment could neither properly control or interrupt violence crime, nor realize the defend function of punishment, due to lopsided emphasis lenient treatment. Therefore, instead of choosing unitary severe punishment or unitary light punishment, our country should establish the criminal policy of temper justice with mercy, which follows the tendency of the development of world criminal policy.In this paper, the criminal policy of temper justice with mercy can be found in initial research on the background of construing a harmonious society with the method of interpretation, compare and historical way.The paper is composed four chapters.The first chapter is to analysis the "severe" tendency of our criminal policy from three aspects of crime policy, crime rule and crime interpretation of judicial organ and on this basis, the causes and defects of the severe policy were further discussed. The second chapter is to demonstrate the change of the crime policy leads to the criminal policy of temper justice with mercy, and the mean of the criminal policy of temper justice with mercy.The third chapter is to present the theoretical foundation of the criminal policy of temper justice with mercy, which composes of western criminal policy theory and Chinese traditional crime policy theory.The last chapter is to demonstrate the close relationship between the crime policy of temper justice with mercy and mechanisms of legislation and justice, and some suggestions are given on that basis.