Situation And Policy Of Temper Justice With Mercy

The research on the criminal policy of combining punishment with leniency, the basic criminal policy in China, still remains on the level of concept, connotation, theoretical foundation and historic origin. Therefore, a wide research gap exists as how to legalize the policy, how to actualize it, and how to apply it to judiciary practice. The paper, by making research on the policy and studying the relationship between the criminal policy and the criminal law, brings forward several assumptions on applying and embodying the policy from the following four sections:The first part, entitled an overview of the criminal policy of combining punishment with leniency. The connotation of that part of the criminal policy of combining punishment with leniency, The Criminal meaning and value of the policy, The Criminal policy applied to the practice of criminal justice in order to better lay the theoretical basis. The second part entitled "The Criminal policy in the conviction and sentencing. That portion of the relationship between temper justice with mercy criminal policy and conviction sentencing the start, to clarify the criminal policy of combining punishment with leniency conviction sentencing judicial practice guidance, at the same time from the temper justice with mercy of criminal policy of the conviction, the crime and the conviction and sentencing of the implementation of such as carry out a elaboration. The third part of the question to temper justice with mercy criminal policy in the conviction and sentencing. The part of The Criminal policy in theory, have not yet formed a relatively complete system, the lack of a clear legal basis and misdemeanors’judicial philosophy to hinder the carrying out of the policy of combining punishment with leniency in conviction and sentencing, the lack of uniform standards. The fourth part is the perfection of The Criminal Policy use. The perfect countermeasures to improve the criminal policy of combining punishment with leniency from the three major aspects of the improvement of the entity’s legal system, the improvement of procedures for the legal system, as well as the improvement of judicial matters.