The Criminal Policy Of Combining Punishment With Leniency For Empirical Analysis

The Criminal Policy of Combining Punishment with Leniency is a basic criminal policy proposed by the Party Central Committee under the new situation of constructing a harmonious socialist society.This article conducted an investigation and analysis of the implementation of this policy in Guiyang's two-tiered trial courts.As the capital city of Guizhou Province,Guiyang has a relatively developed economy with a large number of migrants,and various concentrated social conflicts.At the same time,as a social governance reform region,Guiyang is at the forefront of the province's reform of the social governance system.Some practices in the criminal policy of tempering leniency can represent the advanced experience of the province to some extent.In addition,Guiyang City is building big data.Therefore,based on the above reasons,we chose to use Guiyang City as a sample for empirical analysis.In addition to using empirical analysis methods,field surveys,interview questions,and data collection methods are also used for research.This article analyzes statistics and comprehensive analysis of the data concerning the criminal first instance cases conducted by the two-tiered trial courts in Guiyang City from 2012 to 2016.It focuses on the common eight types of conviction and sentencing data,especially the analysis of application and data of the circumstances of the leniency and strict punishments.After statistics and analysis on the data concerning the criminal first instance cases conducted by the Guiyang two-tiered courts from 2012 to 2016,from the above data statistics and analysis,the Guiyang two-tiered courts have continuously explored and conscientiously summed up the“strike hard” work experience and established soundness,ensured a long-term mechanism for the implementation of "strike hard" policies and achieve better results.The Guiyang two-tier courts further implemented the leniency and strictness criminalpolicy;strictly enforced the death penalty policy and improved the accuracy of the application of the death penalty;promoted the reform of standardized sentencing and safeguarded the implementation of the policy;deepened the juvenile case trial and rescued and protected a large number of minors;effectively used the Criminal Affiliated People's Litigation function to ease the criminal contradictions;explored the establishment of criminal victims' rescue system,and enriched the implementation of the policy;reformed the mode of trial of commutation and parole cases,and maintained social harmony and stability.While at the same time,there are also some problems and shortcomings: the comprehensive understanding of the criminal policy of temperance and strictness is not comprehensive enough,and the grasp is not precise;the application of the criminal policy of temperance and strictness is greatly affected by human factors;the public has misunderstandings and recognition of the leniency and strictness policy;there is a gap between the judicial capacity of the judge and the requirements of the policy of combining leniency with severity;and the regular work coordination mechanism of the public security law is not good enough.In order to correctly implement the criminal policy of combining severity with strictness and combining trial practice the judge,the following suggestions are made: strengthening comprehensive understanding and precise grasp of the criminal policy of combining leniency with severity;minimizing the influence of human factors on the application of the leniency and severity of criminal policy;strengthening publicity and the public understanding and acceptance of policies;improving the ability to handle cases and improving the supervision and supervision mechanism to ensure the implementation of policies;strengthening the judicial linkage and promoting the implementation of the comprehensive and liberal criminal policy.