The Interpretation Of Criminal Policy In The Opinion On Handling Domestic Crime Case In Accordance With Law

In our country, family violence occurred from time to time, and the increasingly frequent appear in the scope of the public’s attention, has become a serious social problem.On March 2nd, 2015, Opinion on Handling Domestic Crime Case in Accordance with Law(hereinafter referred to as Opinion) was released under the joint efforts by the supreme people’s procuratorate, supreme people’s court, ministry of public security and ministry of justice. Standardize the relations of the two criminal policy and criminal law is not can be spun off single view, the research of the criminal law standard cannot be separated from criminal policy, the same studies judicial interpretation also cannot from the criminal policy.The issuance of this legal judicial document is because the situation of domestic violence relevant crimes in our country is quite serious. The interpretation of Opinion in terms of criminal policy of temper justice with mercy is of great realistic significance. At this time and stage, the criminal policy of temper justice with mercy has become the basic criminal policy in our country. The core concept of temper justice with mercy criminal policy is to apply differential treatment on the crime. For the "from" aspect, understanding its behavior in the victim fault and the victim behavior, criminal reconciliation and the four aspects of community correction has a concrete embodiment.To "strictly" aspect, the marital rape, special groups, actor criminal law and ban these four aspects have specific embodiment.It is important to conduct concrete analysis of concrete conditions. Whether easy or strict should be based on specific cases and ensure to combine punishment with leniency. Opinion reflects the criminal policy from the aspects of easy and strict. Interpreting the document from these two aspects is of positive significance for domestic violence crime processing and interpretation. To some extent, the criminal policy of temper justice with mercy in Opinion exerts positive effect on the domestic violence crime. However, some existing concerns should not be overlooked.