The Study Of Criminal Policy’s Influence Of The Structure Of Penalty And Reform

Criminal policy is a crime control policy based on a correct analysis of the crime situation and summed up the experience of the criminal punishment.In our country, the criminal policy strictly developed after the founding of new China, its development roughly experienced three stages, that is the policy of combined punishment with leniency, strike strictly, and the policy of tempering justice with mercy that applied our country now. The criminal policy of tempering justice with mercy is an important guide of our country’s criminal legislation and judicial activities, it is a inheritancet and self-examination of the criminal policy include combined punishment with leniency and punish the combined with a large and the crackdown policy, this criminal policy in our country must insist for a long time.Of course,we need to clear that the adjustment and improvement of the structure of punishment must accept the guidance of the criminal policy based on the certain period, because the criminal policy is put forward on the basis of correct understanding of crime control policy, it is the basis of the adjustment of penalty structure.Only grasp the current our country the basic connotation accurately, and comprehend the spirit of the criminal policy of tempering justice with mercy, sorting out the inherent relationship between criminal policy and penalty structure and the mechanism of action of the criminal policy of penalty structure, to achieve the purpose of punishment.Current penal structure is adjusted for "criminal law amendment (eight)", the adjustment made the structure of the punishments in China gradually tend to be perfect, but still exist deficiencies.In the new period, we are facing a big problem,that is how to adjust and improve our country’s penalty structure, to maintain social order, achieve the purpose of punishing crime and protecting human rights. Therefore, the focus of this article is to research how to play a role of achieve criminal policy’s guidance for the sentence structure correctly and effectively, in order to realize the purpose of further perfect our country’s penalty structure.