Research On The Tendency Of Turning Criminal Law Into Criminal Policy

Since ancient times, crime is prevalent in various forms of society as public affairs or social issues, and at the same time of the formation of the crime, the measures of state and social to prevent and control crime have emerged. This organized and purposeful social reaction of preventing and controlling crime is the criminal policy. However, early stages, criminal policy was just the measures against crime and until European Enlightenment emerged,it became reasonable and effective method to prevent crime and the country's systematic policy-criminal policy. It is generally agreed that the real criminal policy was produced only after reflection on criminal justice system.In other words, it formed only after that Montesquieu,Beccaria, Bentham and Feuerbach who lived in the European Enlightenment, made the fight against crime rational.Generally believed that using criminal policy consciously was date back to Feuerbach.Feuerbach proposed the concept "criminal policy" in 1803.In his view, the criminal policy was the sum of punitive measures that the state used to fight against crime and it was wisdom of the state legislation.Later, another Germany jurist Liszt made the famous thesis that "the best social policy is the best criminal policy " Since Liszt, the study on the criminal policy flourished and criminal policy arise in the field of criminal law as an independent discipline.1. After the 19th century, both the criminal policy and social policy were development and the criminal policy was into the modern period.During this period, field of criminal policy was greatly expanded and its measures and policy responding to crime were no longer limited to the range of penalties, but extended to the whole field of social policy.That "the tendency of turning criminal law into criminal policy "became an important feature of the criminal law.The tendency of turning criminal law into criminal policy means that the influence of the factors of criminal policy must be considered in the criminal law study and in the process of criminal legislation and criminal justice, and treated it as the value orientation, evaluation criteria and guidelines target of existing criminal law. Now in all over the world the tendency of turning criminal law into criminal policy is becoming a major trend in the area of criminal legislation and justice, and it is confirmed as the one of the main features of the modern criminal law.