The Balance Policy Of The Strict And Mild In The Application Of Prison Work

The Six Plenum of the16th CPC Central Committee clearly pointed out the penal and judical policies should be implemented tempering with mercy. In2006, the National Political and Legal Work Committee emphasized that during the process of constructing harmonious society, all the levels of political-legal organs should implement tempering justice with mercy in order to surpress, prevent and reduce criminals maximumly. In2007, the National Jail Work Committee stress that the tempering justice with mercy policy should be carefully put into practice together with supervising, the implementary measures should be carefully studied before the approprate punishment applied, at the same time, encouraging the crinimals alter positively and insisting on the right direction and handling the affairs legally.besides uniting the measures of enforcement of law and standardizing the enforcing law in prisons, making the best efforts to realize the unity of legal effects and social effects.The publish of the Eighth Amendement of Criminal Law of the People’s Republic of China symbolize the instituionalise of the tempering justice with mercy. The Amendement was put into effect in May1st2011which means the pocily was implemented comprehensively.As an national penalty executive organ,prison is one of the important national organs, the last procedure of criminal justice, so it should first reflects the policy among all the organs which is a necessary requirment of constructing harmonious society.Confronted with the complex mobster structure and severe supervising situation, the work of implementing penalty should under the guide of the party’s guidence. Applying the policy of tempering justice with mercy appropreatly which is an useful way in inhencing quality of modification of education and making prison safety.The purpose of the study is to discuss in-depth how to implement the policy of tempering justice with mercy more moderatedly by the way of carding the applying situation of the policy in present prison works so that yield the greatest function of the implementation of penalty. Aiming at different criminal characters and transform performance.adopting different treating strategies,it is hoped that the quality of changing criminals would be inhenced, besides, offers suggestions for the perfecting the application value of the policyThe article consists of four parts:The first part introduces the essence and connotation of the sprit of the policy of tempering justice with mercy through interpreting the three key words "tolerance ""severe""combine" from the point of semantics.The idea of the policy has a long history in China which is originated from the idea of zero tolerance, a basic criminal policy formed in the long time practice of maintaining public security The second mainly introduces the background of the generation of the policy. The current international research, the formation and development of "gently layer by layer,by heavy primarily" criminal policies around the world. The current domastic research, strats with introducing "strike-hard", follwing by the introspection of the thinking and practice of severe penalty doctrine,next overall arrangement and adjustment and development of the policy of tempering justice with mercy after China has steped into society transition age. The development trends:under the impact of the Chinese traditional thinking of "zero tolerance" and the international thinking of "gently layer by layer, by heavy primarily",more and more scholars are calling on implementing "gently layer by layer, by heavy primarily" penalty policy, the tempering justice with mercy policy finally generated.The third part mainly introduce the applying situation of the policy in prison works, the explaination concentrates on four main aspects of jail work implementation:jail seperately,classify the prisoners according to the different standards, checking the prisoners with scores and commutation and parole.The fouth part concentrates on how to implement the policy in jail works better so as to establish the right ideas of jail work implementation and hold the degree of applying the policy so that perfecting and implemening the idea of tempering justice with mercy.