The Conflict And Equity Between Sentenced Force And Justice Of Criminal Law

The judicial practice, often meet some judgment because of the revised law, who did notcause serious consequence was sentenced to heavy punishment. From the present criminallaw Angle consideration, which obviously and the principle of suiting penalty conflict, alsodoes not conform to the requirements of the current criminal policy. So, how to solve the oldlaws applicable to both ruling and the new requirements of the criminal law in place theconflict between justice, is the criminal law theorists and the practical realm problems thaturgently need to be solved. This paper, from four parts to this problem to carry on the analysisdiscussion, and put forward Suggestions on legislation and judicial countermeasures.The first part, introduce the basic idea of justice of the criminal law and sentenced toforce, Although some people think that criminal law exquisite "is wrong to must rectify" anddoes not exist sentenced to force problem, but the author thinks that, on the basis of theoriginal legal make judgment, in line with the law, should not be considered for misjudgedcase.The second part, the congflict of the judgment being sentenced to force a conflictbetween justice and criminal law. the author in handling cases commutation parole noticedthat some of the1980s during the analysis to the criminal, which is not cause seriousconsequences, but because of the special period applicable law, was sentenced to a heavypunishment. Punishment executive authority in accordance with the existing provisions tocommute several months, because the make have no rules of law major observing situation,also do not have the exact evidence that it to parole, the people’s court in accordance with lawonly to commute several months. So processing, from the present criminal law point of view,this made by punishment place with other criminals in compared, obviously being unfair. Theauthor further analyzed the existing conflict of origin, present situation and the reason.The third part, the base of the the judgment being sentenced to force a conflict betweenjustice and criminal law.the anthor introducethe basic idea of justice of the criminal law andthe requirements of the policy of "tempering justice with mercy" situation, and points out thatthe solution to the problem of practical significance. According to the judicial justice andpunishment humanitarianism and the austerity of criminal law, such as concept, the criminal law as sanctions act, the regulations prescribed by law, to determine the only important rightshave been infringed upon to apply and punishment and crime relative said. Combined withthe policy of "tempering justice with mercy" situation, constructing the harmonious societyrequest, we management society should also pay attention to "tempering justice with mercy",through the crime is changed, unimprisionment, and other means to try to reduce socialdisharmonious factors, increase the harmonious factors.The fourth part, the sollution of the judgment being sentenced to force a conflict betweenjustice and criminal law. To procedure for trial supervision, commutation and paroleprocedures amnesty system by way of three concerns analysis found that prison trial programis a kind of error correction program, and this both judgment is not misjudged case, applicablelaws have obstacles; Amnesty system, because of its wide involved, start the complexity andnot easy sex, not a reality check. Commutation parole system, itself is to promote thecriminals to return the society for the purpose of, the international go up to also have manycountries with the aid of commutation system to solve similar problems, in order to commuteparole system as a platform of fixed procedures, should be a practical and convenientdesirable way. On legislation, can increase the clause, specific provision for criminal lawrevision after both judgment, can pass to commute parole as a platform of revision programfor the part of the criminal law provisions to revision of criminal punishment in actual ininequality, and try to be unimprisionment processing, to seek for the justice of the criminallaw on.