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Tempering Justice With Mercy In Criminal Justice To Apply

Posted on:2013-01-29Degree:MasterType:Thesis
Country:ChinaCandidate:B C LuFull Text:PDF
GTID:2246330374489053Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The criminal policy as the prevention and control of an important means of crime, and is the social response to deal with crime, human rational in criminal science product, in constructing the harmonious society put forward under the criminal policy of tempering justice with mercy\"background just is a scientific and rational regression, is coordinate and deal with the relationship between the social stability and crime rational response.he criminal policy of tempering justice with mercy "in the period of social transition, constructing the harmonious society and the promotion of the concept of severe crackdown on policy, on the basis of increasingly complex crime to cope with the pursuit of social harmony conditions arises at the historic moment.Wide understanding for light slow, specific for the light and light and the heavy and light;"Strict" in the emphasis is put on crime processing while, pay much attention to part a heavier punishment crime, in criminal justice is mainly embodied in the crime of punishment, and the prison."Aid", should be regarded as the coordination and combination is "wide" and "strict" in certain social background of each game balance and harmony, so as to create the best legal and social effect.The criminal policy of tempering justice with mercy "wide" comes from judicial tolerance concept, the austerity of criminal law idea, safeguard human rights idea;"Strict" comes from retribution theory and the utility deals with the traditional concept of pan-moral;"Aid" comes from mean thinking, crimes to adapt the principle.Through the implementation of the criminal policy of tempering justice with mercy "and the difficulty of the dimension of the limitations and are analyzed, and carry out the" tempering justice with mercy "initial assumption.
Keywords/Search Tags:tempering justice with mercy, criminal policy, Wide forthis, the favorable defendants principle
PDF Full Text Request
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