On The Application Of The Criminal Policy Of Combining Punishment With Leniency In The Investigation Supervision

The criminal policy of the country changes tremendously with the change of times and the transformation of society. Under the new situation, China is in an important period of economic development and a critical period of building a harmonious society. The criminal policy of combining punishment with leniency in the entire criminal justice system is undoubtedly a choice in line with the development of the times and an option consistent with the interests of the community. Criminal policy of combining punishment with leniency is conducive to building a harmonious society, easing social conflicts, and coordinating the social interests of all parties, which ultimately helps to promote the development of the rule of law.Policy of combining punishment with leniency in the investigation supervision.Punishment with leniency. Starting with the background, this chapter introduces the historical background from which the criminal policy of combining punishment with leniency was proposed. In the combination of the relevant documents issued by the Supreme and the Supreme Court, this chapter interprets the specific connotation as well as the basic requirements of the policy of combining punishment with leniency. Subsequently, this chapter explores the legal theory to elaborate the theoretical basis of the criminal policy of combining punishment with leniency, as well as its value orientation which is substantially same with Western criminal policy of punishing the severe and mercy for the minor. At the end of this chapter, the author delivered the view that under the new situation, the criminal policy of combining punishment with leniency helps to build a harmonious society in China, to coordinate the social interests of all parties, and to contribute to the maintenance of social stability.Problems of our current practice of investigation supervision. First, we start with the theoretical point of view on what is the investigation supervision system. Then, the combined with law enforcement and judicial practice, this chapter analysis the obstacles investigative organs and prosecution organizations face, which come from multiple aspects, including Both the conceptual level and institutional level. Due to the existence of these obstacles, the criminal policy of combining punishment with leniency has not been effective implemented, neither has the requirement of being strict of mercy when it is appropriate.Suggestions on how to implement of the criminal policy of combining punishment with leniency. First of all, the concept of law enforcement needs to be updated and a new concept of the rule of law concerning the protection of human rights needs to be established. Secondly, the author believes that the evidence requirements for arrestment need to be clarified through the improvement of the legislation, and the proof standard for arrestment need to be raised to higher the level of the investigation supervision. The author also believes that a way out can be found in the existing legislation. It is also an effective effort to improve the legal supervision that the organs are actively involved in the investigation. Finally, the author put forward a number of innovative initiatives to help improve the entire investigation and supervision system, and strive to fully implement the criminal policy of combining punishment with leniency in the investigation supervision system.