The Construction Of Family Privilege System In Criminal Procedural Law Of China

The Criminal policy of Tempering justice with mercy is the basic criminalpolicy of combining punishment with leniency inheritance and development policybased on，Is the inexorable choice for constructing the socialist harmonious societyin China，Is the internal requirement for the construction of socialist democraticpolitics and spiritual civilization.It has become a basic criminal policy in china.Onthe judicial practice plays a guiding role in the correct，Implementation of thecriminal policy in the judicial practice can effectively save the judicial resources,fullprotection of human rights, resolve social conflicts, promote the criminal humanityreturn. Since2005, Luo Gan in the national political and legal work conference oncriminal policy of combining punishment with Leniency, the judicial authoritiesactively advocate the use of this criminal policy in practice, it should be said hasachieved very good results,the judicial personnel policy consciousness obviousenhancement. But at present in our country’s criminal legislation and judicial processof implementing the criminal policy of combining punishment with leniency is stillfaced with many problems to be solved. This paper uses the historical analysis andempirical analysis method in detail and lenient criminal policy basis, focus on theprocuratorial work practice should be how to implement, implement the criminalpolicy. First of all, this policy overview,"the Criminal policy of Tempering justicewith mercy " thought has a long history, as early as in the spring and Autumn periodhas been adopted by the government, the criminal policy of combining punishmentwith leniency reflects and Sublation of historical policy inheritance, is to emerge asthe times require new features to the period of social transformation and building asocialist harmonious society under the background of. The essence of the criminalpolicy of the lenient and strict are explored, the leniency of the "wide" and "strict","Ji" to be understood."When the profile width is wide, the strict control, strictcomplementarity, temper, temper is effective" five contents. Then, the judicial statusof procuratorial organ in the emphasis on practicing the important link of corruption crimes, arrest, prosecution, the criminal policy. Pointed out the criminal policy oftemper justice with mercy is the need for the protection of human rights, is the needto combat crime, is the need to maintain a stable and harmonious. But by theconditions of China’s unique history and culture, current situation and laws, thejudicial organs encounter many problems in the implementation of the criminalpolicy in the process, it is difficult to play its expected function. Finally, according tothe basic requirement of carrying out the criminal policy of combining punishmentwith leniency and combining the current situation of practice boldly put forward theconstruction for the duty crime cases, case review of arrest, prosecution case systemand mechanism construction advice. And discusses the conditional non prosecution,criminal reconciliation system can reflect the typical system of the policy, and putsforward the further suggestions. In order to make the duty crime investigation, arrest,prosecution three work better reflect the criminal policy of combining punishmentwith Leniency.