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Reflections And Its Contemporary Adjustment On The Judicial Policy Of "Two Less One Lenient"

Posted on:2018-10-15Degree:MasterType:Thesis
Country:ChinaCandidate:S Q YanFull Text:PDF
GTID:2346330515990159Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
China is a unified, multi -ethnic country. As a macro policy to control crime and protect human rights, criminal policy has always occupied an important role in the judicial process and guided the implementation of specific legal provisions. In recent years, the number of cases of ethnic minorities has been increasing which has had an impact on social stability and civic harmony. Although the Chinese national criminal policy contains complex content, but the lack of a clear classification of the definition. In the daytime, citizens have a vague understanding of the definition of criminal justice policy, the meaning of national criminal policy and the content of specific criminal justice policy. Thus,there is uncertainty about the application of the criminal justice policy of ethnic minorities. All along, the "Two less one lenient" specific national criminal justice policy implementation, the minority crime to give a certain blow. However, it should be noted that, for various reasons leading to the use of national criminal justice policy in the new period there is a deviation,which led to the "Two less one lenient" criminal justice policy reflection and adjustment of thinking. "Two less one lenient" as a criminal justice policy applicable to ethnic minorities, guiding the whole process of pursuing a crime against ethnic minorities. It is a criminal justice policy introduced in the special judicial and historical environment for minority criminals. It is different from the macroscopic guiding characteristics of criminal policy such as "punishing and lengthening"and "temper justice with mercy", and is applicable to ethnic minorities the practice affects the socially harmful crimes committed.Article in addition to the introduction of the conclusion, divided into five parts, a total of 4 million words.The first part is the outline of the national criminal policy, contrasting the difference between the concept of criminal policy and the national criminal policy, and the historical evolution of the national criminal policy. Among them, the latter part includes the national criminal policy after the founding of new China,mainly summarizes the "strike hard" period of national criminal policy and the current provisions of the ethnic minority areas.The second part introduces the current situation of the national criminal policy, including a brief summary of the macro-criminal policy of the present, and discusses the value of the times embodied in the policy behind the introduction of the macro-guiding policy. Under the guidance of the macro- The implementation of the punishment and the combination of large and other specific national criminal policy.The third part analyzes the existing problems of our country's criminal policy. Including the conflict between the principle of abstract criminal policy and the principle of specific criminal policy, as well as the lack of place in the practice of guiding principles, put forward the propaganda of the concept of national criminal policy needs to be strengthened,professional executives need to strengthen and implement the object needs enrichment.The fourth part analyzes the future shift of our country's criminal justice policy.Including three aspects of the perfect: the theoretical class, the legislative class and the executive class. The construction of the legislative class includes the legalization of the criminal policy and the specification of the criminal policy. Finally, in the implementation stage, it is related to the specific party and the national level. The construction of the legislative class includes the legalization of the criminal policy and the specification of the criminal policy. National policy, to measure the relevant national customs, in the distinction between misdemeanor and felony under the premise of the specific charges to treat the application of "Two less one lenient" criminal justice policy.The fifth part is the elaboration of the national criminal justice policy.
Keywords/Search Tags:Two less one lenient, Criminal policy, Criminal justice policy, National customs and practices
PDF Full Text Request
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