A Study On The Application Of The Criminal Policy Of Combining Justice With Leniency In The Fight Against Crime

At the beginning of 2018,"the Central Committee of the Communist Party of China and the State Council issued the notice on launching the special campaign against crime and crime"(hereinafter referred to as the 18 year notice).The circular states that:In order to thoroughly implement the nineteen major deployment of the party and the important directive spirit of general secretary Jinping Xi,ensure people's living and working in peace and contentment,social stability and order,and the long-term stability of the country,and further consolidate the ruling foundation of the party,the Party Central Committee and the State Council decided to carry out a special campaign to eradicate the crime in the whole country.(1)The existence of crimes committed by the black and evil forces means the threat of life and property to the people,the disorder of order to the society and the obstruction to the building of a well-off society in an all-round way.However,while carrying out the spirit of the notice and carrying out the special fight against crime,it is particularly important to protect the rights and interests of criminal suspects involved in crime,avoid excessive punishment,and make the punishment be the crime.This requires that China implement the criminal policy of combining punishment with leniency in the special fight against crime.The main methods used in this paper include: first,literature analysis method: on the basis of studying the relevant works of criminal policy,combined with the relevant academic articles of the academic community,the literature and relevant materials are sorted out and analyzed,and the role of the criminal policy of combining justice with leniency in the special fight against crime and evil is widely and deeply explored and explained.Second,the historical analysis method: that is to put the criminal policy of combining punishment with Leniency under the background of the current special struggle against the crime of eradicating the black and evil,and from the actual situation at that time,we can get the correct evaluation and conclusion.Third,the research method of combining theory with practice: that is to say,the research on the criminal policy of Combining Leniency with strictness must be combined with practice and can stand the test of practice,so as to ensure the academic value of the theoretical achievements and achieve the purpose of the research.Fourth,value analysis: discuss the topic through the social value behind the analysis.Guided by the problem,this paper is divided into four parts: the first part is the proposal of the problem,which is summarized by the author's "insight into the Crux".It mainly introduces the research on the situation of carrying out the combination of leniency and strictness in the fight against crime.After combing and reviewing the proposal of the special struggle against crime,it focuses on several deviations in the current judicial practice of eliminating crime The inventory has become the basis for subsequent analysis.The second part is the analysis of the causes of the problems,which is summarized by "tracing back to the source".It mainly analyzes the reasons why the implementation of the combination of leniency and strictness is in trouble,specifically from three aspects: replacing the judicial principle by the political position,the general preference of the public opinion to be strict,and the lack of legislation leading to the lack of evidence in judicial practice.The third part is the theoretical analysis of the problem.The author tries to return to the education background and make a comprehensive analysis and demonstration of the theory behind the problem,so as to form a deep understanding and strict implementation of the corresponding consciousness.Specifically,it is about the re understanding of the relationship between the special struggle for the eradication of crime and the criminal policy of combining punishment with leniency,including the elimination of crime from the eradication of crime The justice basis,benefit basis and rational basis of carrying out the combination of leniency and strictness to demonstrate its rationality,the necessity of carrying out the combination ofleniency and strictness from the policy requirements and practical requirements,and the feasibility from the practical basis and theoretical basis of carrying out the combination of leniency and strictness to demonstrate its feasibility,so as to form a comprehensive relationship between the special struggle against the combination of leniency and strictness and the criminal policy Grasp.The fourth part is about the way out of carrying out the "combination of leniency and strictness" in the "eradication of crime",based on the previous analysis,three paths are summed up.The first is to adhere to the principle of rule of law,including two aspects: accurately understanding the criminal policy of "combination of leniency and strictness" and strictly adhering to the concept of "combination of leniency and strictness".The second is to design the implementation path,specifically including the criterion of "black" and "evil" The third is to improve the system construction,including the clarification of the criminal policy positioning and the consideration of the mechanism of the integration of law and emotion.