A Comparative Study About The Policy Relationship Of Criminal Law And Criminal Between China And Germany

"Criminal policy" was first proposed by the German punishment law expert Feuerbach, German’s research on the relationship between criminal law and criminal policy experience can be described as quite good. The analysis of the experience is mainly divided into three periods: the period Feuerbach, Liszt period and Roxin period. It is not difficult to find, that in Feuerbach period, criminal policy appeared as an independent concept, mainly used to guide the criminal legislation, or we can say that at this time the criminal policy is more like a legislative technique; in Liszt period, the criminal policy is not only play an important role of in legislation, but also has a great impact in the implementation of the law. However, now the criminal policy is placed outside the criminal law; and when we get to the Roxin period, criminal policy entered into the penal system, they can no longer be separate, criminal policy gradually has an impact on building the criminal law doctrine learning. The interpretation of the law between them increasingly become obvious. Therefore, in order to make some deep-level research about relationship between criminal law and criminal policy, we should analyze and summarize the experience of Germany’s nature.Since the establishment of People’s republic of China, the relationship between criminal law and criminal policy has also gone through different stages, which has been summed up mainly divided into: a combination of criminal punishment with leniency policy period, during the crackdown criminal policy and recent criminal policy of combining punishment with leniency period. In the period of punishment and tolerance, criminal policy is basically played the role of criminal law entirely. Conviction sentencing at this time almost entirely based on a criminal conviction and sentencing policy-based, or we can call it criminal policy of the criminal law; in the "strike hard" policy period, the penal system began to improve, but this time the government paid more attention to the national fight against crime severely and fast, therefore, criminal policies are largely beyond the status of criminal law; since the implement of criminal policies the impact of the criminal policy of the criminal law is comprehensively and the role of this policy, we can see an even partial "wide" tendencies. After the analysis of these three different periods, we can find that when dealing with the relationship between the existence of our criminal law and criminal policy, there are two problems: given a comprehensive guide to the criminal policy function of criminal justice; confused thinking criminal law and criminal policy.Aiming at the existing problems of our country in handling the relationship between them, then when we think about the construction relationship of the Penal Code and the Criminal Policy, we should study the following two aspects: first of all, we should start from the function and ways of thinking of the criminal law and criminal policy distinction. And understand the function of criminal law and criminal policy, eliminate excessive criminal policy interference the criminal law. But we also distinguish the way of thinking of criminal law and criminal law, and find out the starting point of their own thinking. Secondly, we should strictly implement the interpretation of literal interpretation, improve the status of direct interpretation in the criminal law interpretation system, and thus to we can have a positive impact in handling the relationship between our criminal law and criminal policy.