The Perspective Of The Criminal Policy Of Combining Criminal Legislation Research

Usually think, policy is the legal basis, the law is the embodiment of the policy. Based on this, the criminal policy is the core and soul of criminal law, criminal law article of the criminal policy is culture and firmly established. Therefore, criminal policy for criminal legislation has a direct significance. The criminal policy as "tempering justice with mercy" in current China’s basic criminal policy, is the criminal policy of previous rational thought. The criminal policy of tempering justice with mercy "should not only in our criminal justice get fully embody and implement, in our country’s criminal legislation and penal execution should also get fully embody and implement, combined with wide punishes is basic criminal policy in the new period of the inheritance and development. The criminal policy of tempering justice with mercy "fully embodies the human rights, justice, order value.As China’s current basic criminal policy,"tempering justice with mercy" criminal policy from all aspects of our guide criminal legislation. In the "tempering justice with mercy" criminal policy perspective, in China’s present criminal legislation, penetrates the "tempering justice with mercy" thoughts. However, facing criminal legislation in our country there are still problems, according to the "tempering justice with mercy" timely legislation are the basic way to modify. The criminal policy of tempering justice with mercy in criminal legislation in the position put forward higher request. Contemporary criminal policy movement is one of the development trend of the criminal policy of the criminal law. From the perspective of look, this is on the criminal policy research further results; From the practical level, it is the establishment of a modern country under the rule of the request inevitably. The criminal policy of criminal law not only can to a certain extent meet the legitimacy of the criminal policy, stability, and need, improve the prevention and control of criminal action, principle, measures the standardization, guidance and authority, also make the powers of the state organs at relatively stable, reliable legal basis, for power operation of the rule of law to provide the necessary premise. So, always all very seriously criminal policy of the practice of criminal law. In this paper, the author in the rule of law in China development status as a background, in the criminal policy of criminal law concept, principle analysis, under the premise of the criminal policy of tempering justice with mercy "put forward the criminal law, and its necessity and realization way makes a further discuss, in order to promote the development of criminal law of the criminal policy in China.This paper is divided into three parts, each part of the main contents are as follows:The first part is about "tempering justice with mercy" criminal policy in the paper. In the "tempering justice with mercy" sure criminal policy is our country present stage basic criminal policy, under the premise of this part will tempering criminal policy with before our criminal policy were compared, and the criminal policy of tempering justice with mercy to and discussed, to "wide"","strict","of economic" three key words carried on the detailed interpretation. On a deeper level analysis the criminal policy of tempering justice with mercy "value.The second part is the interpretation of the "tempering justice with mercy" criminal policy perspective of criminal legislation in our country. In the comprehensive analysis in China’s criminal legislation existing problem, under the premise of this part of the criminal policy of tempering justice with mercy "perspective, the our country present stage criminal legislation to comprehensive analysis.The third part focuses on the criminal policy of tempering justice with mercy "criminal law the principles and ways. This part is the focus in the full text. The criminal policy perspective in China’s criminal legislation still has many problems, the comprehensive analysis of the existing problems in China’s criminal legislation premise, put forward in time according to the "tempering justice with mercy" legislation is the most fundamental changes the way, want to procure the criminal policy in criminal legislation "tempering justice with mercy" higher position, the criminal policy of criminal law be vividly portrayed. In the discussion of the criminal policy of the concept, principle and so on the premise of problems, and puts forward the criminal policy of tempering justice with mercy "criminal law, and its realization ways analysis.