Dissertation
Dissertation > Political, legal > Legal > Chinese law > Criminal law

Research of Criminal Policy of Combining Punishment with Leniency

Author ZhangWenWen
Tutor LiuXianQuan
School East China University of Political Science
Course Criminal Law
Keywords criminal policy lenient and strict implementation
CLC D924
Type Master's thesis
Year 2008
Downloads 349
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Insisting the humanist scientific development view, establishing the socialist concept of ruling by law and constructing socialist harmonious society with all one’s strength have become important subjects and themes of the times in the China’s current theoretical exploration and social practice. The lenient and strict criminal policy is precisely proposed under the background.The policy-maker expects to not only punish and deter crimes,uphold the rule of law seriously, but also decrease social counterwork and turn negative factors into positive ones, so as to achieve the unity of legal and social effects. Therefore, in the current construction of harmonious society to study seriously and apply“lenient and strict”criminal policy accurately is of great significance in defending and controling crimes and serving the construction of harmonious society efficently.The thesis is composed of four parts. In the frist part, the author defines the concept of the lenient and strict criminal policy. The author first gives a clear concept of criminal policy as the logical starting point of defining the lenient and strict criminal policy, then details the concept of the lenient and strict criminal policy. In order to understand and apply the lenient and strict criminal correctly, the author discusses the accurate concept of the three word“lenient”“strict”and“combining”in senantics.In the second part the author dicusses the historical development and inevitability of the lenient and strict criminal policy. First, the author analyzes the criminal policies of China’s various stages and draws the conclusion the criminal policies of various stages have the same strain and are improved constantly. Second, the author analyzes the inevitability of the lenient and strict criminal policy and the great practical significance of its formation.In the third part the theoretical foundation of the lenient and strict criminal policy is demonstrated which includes the foundation of lenience,of severity and of the two applied simultaniously. The lenient criminal policy is built on the principle of modesty and penalty humanitarian. The theoretical foundation of strict criminal policy is the theory of retribution and traditional concept of misdemeanours. The lenient and strict criminal policy is built on the principle the punishment should fit the crime and the philosophy opinion of dialectics.The fourth part of the thesis is on the implementation of the lenient and strict criminal policy.The author demonstrates it from the legislative and judicial levels and makes some suggestions on how to improve legistration and justice so as to realize the lenient and strict criminal policy better. At the legislative level to realize the strict criminal policy the author focuses on improving recidivism and the measurement of triad organization and terrorist organization and increasing the measurement of property punishment. At the legistative level to achieve the perfect lenient criminal policy non-criminal crime, the qualification setence and nin-disposal are demonstrated. At the judicial level to implement the lenient and strict criminal policy the author focuses on how to realize the requirements of the lenient policy:one way is to strengthen the awareness of rights and use the arrest cautiously for minor offences. Another way is to explore alternative prosecution measures to achieve triage procedure of misdemeanor cases. Two measures are taken: one is to expand the application scope of relative prosecution, the other is to introduce procecution suspension system. The third way is to take some measures in the proceedings. The fourth is the reconciliation system of minor criminal cases.

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