Justice With Mercy Criminal Policy To Understand And Apply

As our country's basic criminal policy, the criminal policy of combining punishment with leniency is to punish and prevent crime, protect people, defend human rights, a guide to carry out national laws correctly. It has special significance to understand and implement the criminal policy of combining punishment with leniency, for which can punish and prevent crime effectively, resolve social conflicts to a great extent, maintain social harmony and stability, and promote social harmony. This paper is divided into four chapters, the first two chapters is to introduce the basic content, the origin and the background of this criminal policy,the last two chapters is to analyse the demeanour and the existing problem of judicial practice based on judicial practice research and to propose the basic ideas of implementing this criminal policy.The first chapter is to introduce the basic content of the criminal policy of combining punishment with leniency, including the overview , the background, the connotation and the location of this policy; It also describes relationships of this policy with other criminal policy.The second chapter is to introduce the historical origin and the formative development of the criminal policy of combining punishment with leniency , to find out the roots of production and development of this policy from our country's ancient and modern legal thoughts, legal system and the development of social structureThe third chapter is to introduce the practical use of this policy conducting the trial, explain the basic situation of this policy implemented by the current judicial organ and the basic existing problem of executing this policy and analyze the problem reasons.The basic ideas of this policy on the basis of analysing the problem, and raise the basic ideas about how to implement this policy more effectively in terms of changing the judicial concept, applying the strict specification, judging the accurate discretionary penalty, lessening the criminal penalty, meditating the right job and operating the reasonable standard.