On The Criminal Policy Of Combining Punishment With Le Niency In The Application Of Procuratorial Organs

Criminal policy is the soul of criminal legislation and criminal justice, it for criminal law construction is of important guiding significance. The criminal policy of tempering justice with mercy is the criminal legislation and criminal justice response to this goal of building a harmonious society, the establishment of it indicates that our country’s criminal policy development and perfection under the new historical conditions.Since three generations from,"Leniency" shadow appeared in the spirit of the law in ancient China, for example, Cautious Punishment, wide fierce with mercy etc. And the spirit of the law is being affected by China’s traditional Confucian thought and constraints. With the continuous development of social progress and judicial practice, temper justice with mercy, there has been new content, such as:repression combined with leniency, combining punishment with leniency. Until October2006,China’s ruling party for the first time explicitly put forward the criminal policy of combining punishment with leniency, this policy of continuous development and improvement in.Looking at the world. Under the guidance of the modern concept of the rule of law. Implementation of gently-based criminal policy is still the general trend. In our country new time, the lenient and strict criminal policy is the basic criminal policy. Throughout the criminal legislation, criminal justice, and the whole process of penalty execution.The lenient and strict criminal policy has the long-term instruction function to our country criminal legislation, the criminal justice and criminal law enforcement practice. Apply the lenient strict criminal policy can attack crime, maintenance the authority of law, solution society’s contradiction and promotion society’s harmony. Apply the lenient strict criminal policy suspects related to a conviction, sentencing, and execution of punishment on treatment, relationship in the arrest, prosecution aspects of criminal suspects or defendants strictly according to law or wide.The establishment and application of the criminal policy of combining punishment with leniency, Relate to the justice and efficiency in the process of litigation, relate to the stability and authority of justice, the biggest possibility that relate to the protection of the rights and interests of the litigants.largely affect the practice of criminal justice and law enforcement activities. Of course, there are many worthy at, but there are also worth thinking about and need attention and improvement. So we should research how to apply the lenient and strict criminal policy in reality,further elaboration and limited criminal policy of combining. In order to safeguard fair and justice of the society, we should identify the basic conditions of the lenient and strict criminal policy which must be applied into all aspects of the criminal judicature in the procuratorial affairs.