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The Criminal Policy Of Tempering Justice With Mercy In The Procurational Work Application

Posted on:2013-07-15Degree:MasterType:Thesis
Country:ChinaCandidate:H J SunFull Text:PDF
GTID:2246330395969723Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The Criminal policy of "Tempering justice with mercy" is the basic criminal policy to pumish and prevent crime at the current stage of our country.As the organ of legal supervision, the procuration organ shoulder the important responsibility to maintain social harmony and stability, who has to accurately grasp the essence and connotation, profoundly understand the times significance of the policy. The procuration organ should implement the policy seriously, so as to improve the ablity to serve the construction of socialist harmonious society. For this reason, first, the article cards the process of the main criminal policy of our country, explain the social background of the policy. Second, from the procuratorial practice, with examples and data, it sums up those experiences that the procuration organ implement the policy in thought, program, working mechanism, approch, and so on.Third, the article analyzes the problems and difficults of the procuratorial organ itself, three party cohesion of the Justice Division, people’s understanding of the policy, social control system, protection of the victims’ interests and so on. At last, it proposes some counter-measures and suggestions, in order to provide some practical reference to legislative and judicial reform. Of course, the criminal policy has its historical stage and functional limitation. To make contemporary Chinese general social system to keep healthy operation and coordinated development, and to construct harmonious society, is a long-term systematic project. This paper uses analysis method, system method and so on, through the six part, about24000words, including a foreword, a sketch, procuratorial practice experience on implementing the criminal policy of "Tempering justice with mercy", difficulties and problems, concluding remarks, to investigate,analyze, and summarize the application of the policy on procuratorial practice, then puts forward the problems and countermeasures.The introduction part points out that criminal policy of "Tempering justice with mercy" is the basic criminal policy to pumish and prevent crime at the current stage of our country, the procuration organ should conscientiously implement the policy at work, and improve the ablity to serve the construction of socialist harmonious society.The first part is an overview about criminal policy of "Tempering justice with mercy". In ouder to know the policy, we must first understand the historical background about "The three strike". This part mainly introduces the historical background, connotation, value of the policy, and it’s overall demand on the procuratorial work.The second part is about those experiences that the procuration organ implement the policy in thought, program, working mechanism, approch, and so on. First, the paper points out how to grasp the essence of "Tempering justice with mercy", then show a method of how to distinguish the applicable object and conditions of the policy, at last it expands on the innovation in the working mechanism and the way at procurational work.The third part is about the problems and difficulties. The article analyzes the problems and difficulties of the procuratorial organ itself, three party cohesion of the Justice Division, people’s understanding of the policy, social control system, protection of the victims’interests and so on..The fourth part is about some countermeasures and suggestions on how to implement the policy.The conclusion points out that criminal policy of "Tempering justice with mercy"t is based on the experiences and lessons on "the Strike".There are some practical experiences in procuratiorial work practice, as while as there are some problems. To make contemporary Chinese general social system to keep healthy operation and coordinated development, is a long-term systematic project.
Keywords/Search Tags:Tempering justice with mercy, Criminal Policy, Procuratorial work, Practice
PDF Full Text Request
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