The Analysis On Criminal Policy-oriented Of Criminal Law With The Perspective Of Tempering Justice With Mercy

The thoughts of criminal policy has a long history and judicial practice,in the terms of our country,“respect the old and cherish the young” of the Western Zhou dynasty? “mutual concealment between the relatives” of Tang dynasty? “remedies to cure the rogue” of Song dynasty and “light the misdemeanor,heavy the felony” of Ming dynasty were all playing the role of criminal policy in the certain social period.The professor Feuerbach came up with the modern "criminal policy",the renaissance by Liszt,to the new society defense movement,the criminal policy has already occupied a place in the palace of criminal law.Under the background of the modern rule of law,the discussion of the interactive relationship between the criminal policy and criminal law norms is the inevitable topic to develop,improve and to carry out the criminal policy,keeping pace with the times.On the premise that clearing connotation of the criminal policy-oriented of criminal law,with the perspective of specific criminal policy which is the tempering justice with mercy,cross-examine the necessity of the criminal policy-oriented,explore the reality influence of the early tempering justice with mercy criminal policy on criminal law;in the changing of the contents of criminal law,reveals the embodiment of tempering justice with mercy criminal policy in the amendment of criminal law;explore the path between the criminal and criminal law and methodology,and hopes to be beneficial for operation of the criminal law theory and practice of criminal policy in the future.In this paper,the research is divided into five parts:Introduction part mainly narrates the article writing background,the selected topic significance,the researching status and to want to reveal the phenomenon and try to solve the problem through this paper.The first chapter is about " the definition of criminal policy-oriented of criminal law and the putting forward of criminal policy of tempering justice with mercy ".Firstly,summarize present situation of domestic research and focuses on two aspects which are the theoretical basis and ascertaining expression to analysis,it is concluded that the connotation of the word "the criminal policy-oriented of criminal law" more accord with context,so in this article it is needed and should abandon the expression of " criminal law-oriented of criminal policy",thus it would be better to the unity of the academic study of discourse.And then,this paper traces the origin of the criminal policy and criminal policy of "tempering justice with mercy".Then from the perspective of semantics,the "wide" "strict","Ji" in the word "tempering justice with mercy",the literal meaning of three phrase has carried on the detailed analysis,coming up with understanding and grasping the meaning of "wide with severe" should return to the comparison of norms of criminal law.The second chapter is about the effect of early tempering justice with mercy criminal policy-oriented on criminal law.The influence of the early criminal policy of tempering justice with mercy to the criminal law was embodied in two aspects which are the abstract and the concrete: in the abstract effects,as a result of the stability of the criminal law and criminal policy uncertainty brought by the flexibility to eliminate,the value of the norms of criminal law and criminal policy to mediate;in the specific effects,early "concerning with leniency" criminal policy and criminal policy of "strike hard" as the breakthrough point,to analyze the criminal policy impact on the specific norms of criminal law in various periods.The fact above provides the basis of the theory and reality for the criminalization of criminal law under the criminal policy of tempering justice with mercy.The third chapter is about the embodiment of "tempering justice with mercy criminal policy-oriented in the amendment of the criminal law.This chapter returns to specific norms of criminal law after formally putting forward the criminal policy of tempering justice with mercy,focuses on the expression and analysis of the text,and points out the real appearance,using the specific provisions of criminal law and clear chart form,from "wide faces","strict face" and "the JI face" three aspects."Wide faces" including the death penalty to reduce rolling,special people to meet;"strict faces" covers the increase of the charges,fine punishment,unit commits expand applicable;" the JI face " contains the macro aspect of overall norms of criminal law and specific charges the system of the micro aspect,etc.The fourth chapter is about the path of harmonization between tempering justice with mercy criminal policy-oriented and criminal law.This chapter includes four parts,the limits of the tempering justice with mercy criminal policy-oriented of criminal law,research paradigm and its research methods and the outlook of breaking the dependence of criminal law.In the first part: it is a criminal policy-oriented should not be unlimited,otherwise it will fuzzy line between criminal law and criminal policy both;the second is the connotation of criminal policy-oriented is changing along with the social development;third,criminal policy is not conflict with the austerity of criminal law.The second part discusses the research methodology of criminal policy-oriented of criminal law,putting forward it will still be a long time in the future survival,and should adhere to the research method of integration of form.The third part points out the four specific paths of tempering justice with mercy criminal policy-oriented of criminal law: continue to make reasonable and appropriate measures to reduce the number of executions in a gradual manner;establish a criminal punishment system for the fine punishment;the appropriate increase in the crime of rational knowledge is the need of social development;deal well with the link between light punishment and heavy punishment and make the sentence arrangement more reasonable.Of course,the choice of paths still needs to be discovered and perfected.The last part,it is with the development of the eyes,expressed the thinking for the development of criminal law,the writer means breaking dependence on criminal law norms,seeking comprehensive means of social adjustment.Conclusion part is the summary of full text,from the description of the phenomenon of criminal policy in criminal law in the specification and the conclusion that to put forward and some immature thinking,at the same time for this study to point out the unsolved problems and the existing deficiency,expressing expectations of further research,drawing more some discussion and slightly beneficial to colleagues and academic.