The Rational Analysis Of Strike-hard

Strike-hard is severely according to the law to combat criminals. As a criminal policy, Strike-hard is playing an important role in maintaining social order and fighting against crime. In 1983, Deng Xiaoping pointed out:"Why not organize several Strike-hard against criminal activity? Every large and medium cities have organized several campaigns in three years" "A battle can fight against a large number of offenders and we should go on doing it" The curtain of Strike-hard is started from 1983. China has organized three national Strike-hard mainly to fight against the serious crime and counter-revolutionary crime. Since 2001 Various regions Carried out different forms of Strike-hard in full swing. Attitude to Strike-hard of theorists and practitioners is mixed, supporters believe that the criminal policy of Strike-hard against criminals can effectively maintain social order, and it is in line with the interests of the masses. But the oppontents believe that Strike-hard criminal policy violates the principle of legality and crime to adapt principle, ignores the protection of human rights and wastes a great deal of judicial resources, it is not economical. The author attempts to analyze the criminal policy of Strike-hard from the following five aspects and ultimately give a reasonable position to strike-hardThe first part is an overview of Strike-hard. The author first sorts out the situations of the strike-hard over the years in order, understands the reasons, the objects,and the effects of Strike-hard; and then from the economic background, political background, cultural background to analyze, and finally concludes the developments and changes of the strike-hard.The second part of this paper is to explain Strike-hard from the perspective of criminal policy. The author mainly discusses on the theory of criminal policy and the development trend of the world criminal policy, which tries to draw the conclusion that Strike-hard criminal policy belongs to heavy criminal policy.The third part of the paper focuses on advantages and disadvantages of Strike-hard criminal policy. I believe that the criminal policy can fight against the arrogance of criminals, improve the order situation, meet the people's voice, ease the relationship between masses and leaders, ease social conflicts and so on. But there are also many disadvantages, it is contrary to the rule of law, it has a strong rebound, it is a temporary solution and so on. Therefore, we should have a dialectical understanding of strike-hard.The fourth part tries to analyze strike-hard criminal policy from the perspective of law and economics. The author puts on the costs and benefits of Strike-hard one by one mainly through the "economic man hypothesis" and the "cost-benefit" economic tools,and ultimately by the cost-benefit analysis model we can give a rational allocation of resources, strictly control the cost of strike-hard and achieve the maximum benefit.This fifth part uses the criminal saturation theory of the famous Italian scientist Philip to explain the rationality of Strike-hard criminal policy in China. Based on this, the criminal policy of Strike-hard was reasonably structured to strengthen the comprehensive management of society, making the Strike-hard criminal policy and other social policies mutual coordination. At the same time, the principle of Severe and quick strike-hard is given a new meaning.In the conclusion part, I believe that Strike-hard should be put into the orbit of the rule of law, making it more legalized, abandoning the defects of it, realizing its real construction and finally protecting the socialist cause.