The Criminal Policy Research

The "lenience and severity applied simultaneously" criminal policy were put forward alone for the first time at the Political and Legal Work Conference in 2005. The Conference put the "strike hard" policy under the"lenience and severity applied simultaneously" criminal policy, and said the "lenience and severity applied simultaneously" was to maintain law and order and to punish the crime of basic criminal policy. The authority expected to realize punishing crime and decreasing social counterwork at the same time so as to achieve the unity of legal and social effects by applying the lenient and severe criminal policy. So the research on the policy and the ways of procuratorial public prosecution is value.The thesis is composed of five part. In the first part, the author defined the basic meaning of criminal policy and introduces its history and development for a better understanding of the proposed background and meaning of the "lenience and severity applied simultaneously" criminal policy .In the second part of thesis, the author defined the concept of the"lenience and severity applied simultaneously" criminal policy by semantic analysis and compare analysis. In semantic analysis, besides discussing the accurate conception of the lenience and the severity in criminal policy respectively, the author demonstrated their mutual relationship should keep in balance. And stability and adaptability should be persevered simultaneously in performing the lenient and severe criminal policy. In the compare analysis, the author contrasted the "lenience and severity applied simultaneously" criminal policy with the "combining punishment with leniency" and "strike hard" and "lighter and harder" three criminal policies respectively in order to define the meaning of the "lenience and severity applied simultaneously" criminal policy better.In the third part, the theoretical foundation is demonstrated which includes the foundation of lenience, of the severity and of the two applied simultaneously. The foundation of lenience includes some traditional theories such as the Criminal Law of Humanitarian Theory and the foundation of severity includes the Retribution punishment Theory ect. The lenient and severe criminal policy is built on the principle that the punishment should fit the crime and the individualized penalty. Owing to the wide and deep theoretical foundation, the "lenience and severity applied simultaneously" criminal policy could have such strong vitality and good adaptability.In the fourth part, the author pointed out the defects of the penal system today which not suit the "lenience and severity applied simultaneously" criminal policy , for example the death penalty is too hard, the property penalty is failure seriously, the qualifications penalty is too simple and so on. In response to these problems, the author made some suggestions to adapt the "lenience and severity applied simultaneously" criminal policy.From the practice, the fifth pare of the paper expounded some ways of procuratorial public prosecution work which suiting the "lenience and severity applied simultaneously" criminal policy better. There were three ways, widen the range of not to prosecute, not to prosecute conditionally and the Victim-Offender Mediation.