To Discuss the Criminal Policy of the Combining Leniency with Severity and Realization Way

Abstract: Criminal policy is taken by the State for crime control strategies and measures, is one of the important achievements of modern civilization. Good criminal policy all have direct guidance functions in improving criminal legislative quality, criminal judicial efficiency and improving the criminal judicial process. Under the background of constructing a harmonious society of Socialism, our country emphasizes the criminal policy of the Combining Leniency with Severity at present stage, this is a correct reflection of the“strike-hard”policy in past more than 20 years and a new development of criminal policy in china. The essence of this criminal policy aims at treating crimes with a certain discrimination blowing crimes effectively and frightening them in order to safeguard the seriousness of legal system and reduce social confront as much as possible at the same time; it also aims at turning the negative factors into the positive factors and bringing about the unity of legal result and social effect at last. A series of changes in criminal legislation and criminal justice will necessarily occur when we are carrying out this kind of new criminal policy. Both criminal legislation and criminal justice should respond to this criminal policy actively, fully reflect it and carry it out thoroughly. Further study into a series of issues of the criminal policy of the Combining Leniency with Sexerity, such as its historical source and essential meaning, its theoretical foundation and how to achieve it, is undoubtedly importantl theoretical and practical value for accelerating the criminal legal construction and promoting the construction of harmonious social of socialism in our country.This thesis from four aspects probe into the criminal policy of the Combining Leniency with Severity. In part one, this policy’s historical source and formation and development. The past dynasties rulers mostly maintain in the application of the criminal policy that determine the benevolence and stringency in the choice of quantity according to the change of the social situation, thus formed the criminal policy tradition for thousands of years of our country. Since modern times, this policy has new content and embodiment, experienced from a combination of repression and wide strategy to the political struggle of combining punishment with leniency of the criminal policy changes, through the“strike-hard”reflection, gradually started to attach importance to the application of leniency policy, and proposed this criminal policy at last. In part two, this policy’s meaning and practical significance. It belongs to a new category, has been given new era intension and spirit, it is to punishing with the spacious new development of combining the policy originally.“Combining Leniency with Severity”four word language statements concise, but rich and deeply embedded the concept of the rule of law, must fully grasp the“Leniency”and“Severity”meaning. And“Combining”is between the“Leniency”and“Severity”to achieve a balance state, it must require us to understand deeply inherent requirement that the criminal policy of the Combining Leniency with Severity. The realistic meaning of this criminal policy include promoting the society to be harmonious and safeguarding social stability and coordinated social interests. In part three, the theoretical foundation analysis of the criminal policy of the Combining Leniency with Severity. The study on criminal policy, can't only confine to looking at the intra-area of law norm, but should carry on the investigation of the ultra regulation. It is not accidental that this criminal policy’s introduction, but has a solid theoretical foundation, include theoretical foundation of philosophy, theoretical foundation of ethics, theoretical foundation of sociology, theoretical foundation of criminal jurisprudence and theoretical foundation of criminology. In part four, the realization route of this policy. Mainly goes on from the following aspects: First, legislative aspect. In the setting out of the criminal scope, we should do criminalization and decriminalization at the same time. In the adjustment of the penalty structure, we should feduce the number of death penalties, enlarge applying scope of fine, revise the aplying condition of the punishment of publish surveillance, and raise the upper limit of set-term imprisonment. In criminal system, we should perfect the probation and parole system. In the reform of criminal procedural law, we should construct the systen of criminal mediation and reprieve of prosecution. Second, judicial aspect. In concrete judicial pratice, we should pay attention to severity of this policy, as well as leniency. Third, security mechanism aspect. It not merely needs procuratorial judicial and public security organ to carry out in the criminal judicial activity in an all-round way, and need relevant departments to set up strong security mechanism.At present, our country has been made in a series of theoretical achievements and practical results, however, as a new criminal policy is concerned, there are many problems to be solved and improved. The experts and scholars of the circles of theory are all carrying on untiring research work for it, practice too in make great efforts to go on extremely hard and bitter reform pilot work department. Though the way is endless, to helping research and exploration of this policy will be more…
Key words: Combining Leniency with Sexerity ; Criminal Policy ; Theoretical Foundation ; Realization Way