The separation between criminal policy and criminal law is called "List gap".Thus the integration between criminal policy and criminal law is called "Roxin perforation".During the revolution of hundreds of years of the relationship between criminal policy and criminal law,It is very important and necessary to construct of the bridge from "List gap" to "Roxin perforation".The relationship between criminal policy and criminal law can be divided into two levels.The first one is the relationship between criminal policy and criminal law in the sense of normative theory,and the second one is the relationship between criminal policy and criminal law in the sense of ontology theory.The relationship between criminal policy and criminal law also can be divided into two parts.Criminal policy into criminal law in legislation and criminal law into criminal policy in judicial.The last one is more important which conclude the influence of criminal policy on criminal provisions,the influence of criminal policy on the punishment and the influence of criminal policy on proof standard. |