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Reflection And Readjustment Of The Criminal Policy Of Temper Justice With Mercy

Posted on:2014-08-09Degree:MasterType:Thesis
Country:ChinaCandidate:K R ZhuFull Text:PDF
GTID:2256330401478130Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Criminal policy is one of the necessary elements in a country,which is alsothe core of the criminal law, guiding the criminal legislative, judicial and lawenforcement activities in an orderly manner. Since2006The Criminal policyformally proposed many years, it has gradually become a criminal rule in ourcountry and even the future days. Temper justice with mercy criminal policy"wide" concept, step-by-step guide China’s judicial practice out of the three"Strike Hard Campaign" after violent before the judicial environment, with lightpunishment worldwide trend echoed.Temper justice with mercy criminal policy intention should be more wideand the concept of the rule of law in the current legal environment select, in thetemper justice Freemasons premise gradually transition to the width and therule of law environment, in our country truly no different with the world selectjudicial philosophy, one more in line with the direction of development ofhuman society, in line with the needs of "human nature" of the rule of law.However, since the criminal policy of combining punishment with leniency, dueto the inertia of the quality of their own lack of judicial staff and the severepunishment with leniency "criminal policy is adjusted, is still in the process ofTemper Justice with Mercy Criminal Policy encountered a lot of dilemma andwandering. In the investigation stage, or the prosecution phase, or in the trial and after the implementation phase, the temper justice with mercy criminalpolicy is still to be misread and the wrong implementation, resulting in judicialpractice is still widespread and temper justice with mercy criminal policy spiritcontrary to the essence of the phenomenon, at odds with the present, Chinahas been promoting a harmonious society, contrary to growing tensionbetween the judicial. This paper attempts to temper justice with mercy criminalpolicy problems encountered in the implementation of further analysis and putforward their own point of view, to be able to provide their own shallow see forthe correct implementation of the criminal policy of combining punishment withleniency.In addition to the Introduction and Conclusion, the paper is divided intothree parts:The first chapter is an overview of the criminal policy of combiningpunishment with leniency. By a general introduction for the proper meaning ofthe concept of criminal policy and criminal policy of temper justice with mercycriminal policy against the background and to reflect on the shortcomings anddilemmas of the current judicial practice, hoping to find the current judicialenvironment with the implementation of strict criminal policy of themisunderstanding.The second chapter is less favorable relative to economic criminalpolicy-making basis for a discourse by a section of the analysis of the lessfavorable relative to economic criminal policy to develop the theoretical basisand practice based on, hope can find temper justice through the criminal policyformulation based on the find of Criminal the implementation of the policy toimplement the process path. Less favorable relative to economic criminalpolicy of the theoretical basis for analysis of, the author focuses on criminal lawmodest and restrained, the theory of the causes of crime and crimeclassification analysis of for criminal policy impact and other aspects; whileparsing temper justice a reality based on relative economic criminal policy of,the author is in reality worldwide,"Extremes" mitigation of penalty tradition ’in China fiasco and humanism must select one of three aspects of wellrehearsed.The third chapter is a basic idea of the author to be adjusted for theproblems of the criminal policy of combining punishment with leniency. I first ofall for the less favorable relative to economic criminal policy of theimplementation of the premise that temper justice with mercy criminal policy ofthe rule of law positioned to make a reasonable planning, at the same time byless favorable relative economic impact range of criminal policy of the orderthat the order of the commencement of the legislative activities and Criminalactivities of, the course of criminal proceedings involved in the investigation,prosecution, trial and execution phase of the problems one by one adjustment,Send the author’s suggestion to temper justice with mercy criminal policy of thecorrect implementation of the ideas, their own humble skip and a certaindegree of innovation.
Keywords/Search Tags:Criminal Policy of Temper Justice with Mercy, Classifications of Crime, Adjustments of Policy
PDF Full Text Request
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