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Criminal Policy Analysis Crackdown

Posted on:2014-02-10Degree:MasterType:Thesis
Country:ChinaCandidate:Y F DuFull Text:PDF
GTID:2266330401484983Subject:Law
Abstract/Summary:PDF Full Text Request
Criminal policy is a kind of public institutions on behalf of the state power. As theimplementation of the principle of strategies, the purpose of the policy is that it is toprevent crime, to punish crime, protect the human rights of the perpetrators in order tomaintain social stability and achieve social justice. The principal and the formulatingprocess of the criminal policy have a legal as well as procedural. The criminal policy hasan important role in the guidance of the legislative, judicial and law enforcement activities,can be divided into the basic criminal policy and criminal policy. The repressive policy asa specific criminal policy has a specific connotation with the distinctive characteristics ofthe political. And furthermore, it plays an important role in the punishment of criminalactivity and the maintenance of social order.In the1980s, the CPC Central Committee put forward the repressive policy that is tocrack down on criminal activities as severely and fast as possible according to law. Therepressive policy, which has the focused and targeted characteristic, plays an importantpart in the prevention and punishment of criminals to maintain social order. However, inpractitioners misreading heavy combat than prevention under the influence, the repressivepolicy in the implementation process leads to the criminals are not protected. And even,the repressive policy has once derivatively been became a political tool. With thegradually improve our country’s legal system, the repressive policy has been scientificorientation and rational evaluation under the new situation. Combined with thebackground of the times as well as the International Criminal policy, the criminal policysystem is to maximize the use of the judicial resources in order to crack down on criminaland better guidance of the legislative, judicial, law enforcement activities.Criminal policy is a complete structural system. Within the scope of this architecture,any kind of criminal policy must be combined with the effectiveness of other policies tobe implemented in order to achieve the purpose of mutual complement and mutualpromotion. The repressive policy as a specific criminal policy cannot be divorced from theoverall structure of the criminal policies implemented separately. Otherwise, it not only will be above the law, but also be to challenge the authority of the law and undermine thefairness and justice. Therefore, the repressive policy must be combined with there-education through labor policies and the policy of tempering justice with mercy to beimplemented. At the same time, in order to meet the inherent requirements of the newperiod of socialist rule of law and civilized, it should be focused on protecting the humanrights of criminals and maintaining procedural fairness, so as not to be misinterpreted oreven distorted.
Keywords/Search Tags:Crackdown, Criminal policy, Temper justice with mercy, Human rights
PDF Full Text Request
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