Tempering Justice with Mercy of criminal justice policy for building a socialist harmonious society significance

Recently, I carefully read the <<CPC Central Committee on building a socialist harmonious society decisions on major issues>> well aware of which "severely crack down on serious Criminal offense" and "leniency and strict implementation of the Criminal Justice policy," the Times implies. Construction harmonious socialist society is the Party Central Committee's goal of managing state affairs. prerequisite of social harmony is the Law of harmony, harmony is the key to the Law the legislative, judicial and Law enforcement harmony. harmonious society requires a variety of methods, including legal means, so that conflicts and the mediation of disputes can be timely, crime can be effectively controlled. The Law is the regulator of social relations, to resolve various social contradictions device. at all times have a "heavy penalties in times of trouble", "Sheng Shizheng simple sentence clear, "said. Therefore, the temper Justice with mercy in the Criminal Justice policy with our current prosperity of the features match. In this essay, by combining punishment with leniency in the Criminal Justice policies and building a harmonious society issues related discussion, talk about some opinions, Tempering Justice with Mercy in order to reveal the Criminal justice policy for building a socialist harmonious society of great significance.

First, the "temper justice with mercy," Criminal Justice Policy and Evaluation of building a harmonious society of the times
"Leniency" of criminal justice policy, put forward a very important sense of the times. Although the original "punishment with leniency" of the criminal justice policy statements that there are "combining punishment with leniency" of the ingredients, but because at that time the historical background of the impact of For the crime and the relationship between state and society's understanding of the deviation, resulting in practice be Ignored. should say "Leniency" of the proposed criminal justice policy, is a scientific, rational regression, is to address social stability Growth and crime after the rational response.

Since the 80 years since the last century, China has entered the socialist market economy, social transition, the more prominent aspects of a conflict of interest, while the number of crimes has also experienced a surge in the process, the face of the dramatic increase in criminal cases, the first of crime in society and the instinctive reaction is fear that the crime is a malignant tumor of society, we must severely be eradicated. But with the maturity of the theory, and effective criminal Law measures, Gradual, and gradually realize that the history of the existing social and economic conditions, the crime situation can not be through the simple effect of a significant change in criminal law, the crime itself but also follow certain rules, so the current for various crimes, the right attitude is not to be demanding them, as long as the limitations of crime, without prejudice to healthy operation of social level has been achieved within a Value of Criminal Law, as to how fundamentally change the crime situation up, this is not simply the task of criminal law, criminal justice policy is not simply a task that has been the practice in many countries continue to prove that the fight against crime . in the situation of crime on the basis of scientific judgments, that "combining punishment with leniency" of the criminal justice policy, crime can help us to calmly deal with rational thinking, not only the pursuit of criminal law on the crime can bring short-term effect of inhibition .

In addition, the "Leniency" of the criminal justice policy in the sense of our nation and revival of Chinese culture, is an important opportunity. Our nation and the revival of Chinese culture, it is necessary part of the tradition of excellence to flourish, but also advanced countries in the world, including the reasonable, where appropriate localization. manifested in the legal level, the development must be appropriate to the modern concept of law. the modern concept of the rule of law and protection of human rights as the core, to reconcile human rights protection and harmonious relationship between legal protection. " combining punishment with leniency "of criminal justice policy is precisely the modern concept of law as part of its advocates focus on broad, appropriate benefit thereby artificially starting point, the implementation of" combining punishment with leniency "of the criminal justice policy, can enrich the development of national spirit, national culture, to build a society Marxist concept of a harmonious society and the legal conditions for the system level.

Second, the "Leniency" of criminal justice policies and the rational of building a harmonious society
Our current implementation of "combining punishment with leniency" of the criminal justice policy. Its main contents are: "adhere to the distinction, on the firm to crack down on serious crime, according to Detective v. fast, so strict is the strict subjective malignant small minor crime, minor first offense, guilty of Oufan and negligence, and implement education, probation, and rescue principles, careful to arrest and prosecution, can not catch catch catch may, from time to appeal is not actionable complaint, so that when the width is wide . "," wide is not to Fawaishien, nor to an infinite strictly increasing, but strictly in accordance with criminal law, criminal procedure and related criminal laws, according to the specific circumstances of the case to punish crime, to do justice with mercy, punishment when severity of the offense. "tolerance is simply the modest little light at the perpetrators of evil light to probation, according to strict penalties to deter serious criminal, big evil. This policy of implementing crackdown on serious crime on the basis of the policy improved the loose side of the light punishment , penetration of the principle of adapting crime, the presumption of innocence, the principle of favor of the defendant suspected crime, the principle of leniency and so petty. From the structural system of criminal justice policy analysis, "combining punishment with leniency" of the criminal justice policy has a certain legal science.

First, combining punishment with leniency policy is a misdemeanor of criminal justice policy and criminal justice, the unity of felony criminal justice policy. Temper justice with mercy in the criminal justice policy includes both wide and serious. Now we promote justice with mercy, of course, more emphasis on criminal law wide and gentle side, but not this considered a misdemeanor temper justice with mercy of criminal justice policy applies only to lesser crimes and juvenile delinquency. This involves combining punishment with leniency policy and criminal justice "strike hard" relations. I believe that the temper justice with mercy criminal justice policy is not to "strike hard" to replace, but not the negation of crackdown, but should be "strike hard" into the policy of combining punishment with leniency within the framework of criminal justice, to establish its position. In this sense, the "strike hard" and not with the policy of combining punishment with leniency in parallel with other criminal justice criminal justice policy, but included in the policy of combining punishment with leniency among criminal justice reflects the severity of combining punishment with leniency content. Only in this sense, adhere to the "strike hard" policy unswervingly and temper justice with mercy criminal justice policy are not contradictory. only in the framework of leniency and strict adherence to the "strike hard" policy in order to avoid one-sided pursuit of strict punishment to be strict in width, and better in the "strike hard" temper justice with mercy embodied in the criminal justice policy. In short, not only for the misdemeanor Tempering Justice with Mercy to the criminal justice policy, but also should be on the felony Tempering Justice with Mercy of criminal justice policy.

Second, combining punishment with leniency of the criminal justice policy is the policy of criminal legislation and criminal justice policy unity. Combining punishment with leniency policy of criminal legislation is the reason why is because the law is the section of criminal justice policy, culture and specific, in the criminal legislation should reflect the wide Yan combined criminal justice policy, so as to judicial Tempering Justice with Mercy of criminal justice policy to provide a legal basis. Of course, temper justice with mercy is not only criminal legislation policies, but also should be a criminal justice policy, not that the criminal law has been reflected temper justice with mercy in the spirit of the policy, accordance with the law as long as the judiciary and therefore do not need to be subject to criminal justice policy of leniency and strict guidance. Here there is a policy of combining punishment with leniency of criminal justice and the relationship between the principle of legality. I believe that China has adopted the principle of legality is relative, criminal law there is vast room for discretion, and thus carry out the activities in the judicial temper justice with mercy and criminal justice policy is not necessarily contrary to the principle of legality. Of course, combining punishment with leniency can not exceed the strict provisions of the criminal law, criminal law must not be defined as criminal acts does not to strictly deal with the name as a crime, nor punishment for minor acts of criminal law to impose strict law does not provide the name of the heavier the punishment. In short, not extra-Shiwei.

Third, combining punishment with leniency of the criminal justice policy and criminal policy thinking of the unity of thought in criminal science. Criminal policy as a means to combat crime and put forward, more emphasis on the effectiveness of punishment. Temper justice with mercy in the criminal justice policy contains both width and strict means of proper use to be able to obtain victory in the fight against crime. However, I believe, only from the strategic point of view to understand the criminal justice leniency and strict policy is not enough, we should temper justice with mercy to see included in the criminal justice policy Criminal scientific thought, it is the social response to crime rational performance. JUSTICE scientific thinking in criminal justice policy, mainly in the penalty Modesty and humanity. Facts have proven that the more severe penalty than the better optimum weight is the most important in order to effectively control crime. And, in today's society ruled by law, are subject to any penalty for humanitarian restrictions, or the effect of the pursuit and punishment of criminal use of cruel punishment, which also has become an international the basic principles of criminal justice.

Third, the "Leniency" of criminal justice policies and the internal laws of building a harmonious society
Leniency and strict implementation of criminal justice policy is to build a harmonious society is the inevitable requirement of criminal justice, democracy and the rule of law is to achieve fairness and justice, to promote honesty and fraternity, vitality of the whole society to maintain stability and order, coordination of man and nature live in harmony necessary requirement for social relations, but also the inherent law of its own criminal justice activities necessary requirement.

(I carry "Leniency" of criminal justice policy, conducive to a harmonious society construction. To achieve social harmony and building a better society, has always been a social ideal of humankind, but also the CPC Central Committee's goal of managing state affairs. Stability is the basis for harmony, Harmony is the highest level of stability. the emphasis on upholding the principle of striking hard at the same time, the implementation of combining punishment with leniency of the criminal justice policy, both the effort to combat and deter crime, maintain law's authority and dignity, and full attention to the side of leniency by law, the maximum turn negative factors into positive ones. For example, a minor crime, first offense, Oufan, subjective malignant small, to distinguish between the different situations within the statutory range of punishment a lighter or mitigated punishment, or sentenced to probation, for the legal, policy does not clear, do not catch fishing can be prosecuted from time to sue, be sentenced to from time to sentence, may from time to reeducation through labor re-education should be based on specific circumstances, focus on leniency. the criminal justice policy is conducive to focus on combating serious crime, is conducive to save stumble, others to help alleviate the social conflict from the root to reduce the social confrontation, will help ease conflict and promote tolerance among citizens, reconciliation, is conducive to help and educate and rehabilitate offenders and reduce the harm to society's criminal element, to achieve legal and social effect of organic unity. ultimately help build a harmonious socialist society. Links to Research Papers Download http://www.hi138.com (b implement "Leniency" of criminal justice policy, the implementation of the concept of socialist rule of law . socialist concept of law is the guiding ideology of criminal justice is based on Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory and "Three Represents" as guidance, adhere to the scientific concept of development, the rule of law in the summary of the practice of building socialism with Chinese characteristics experience learn from foreign rule of law and reasonable development of civilization formed the basis of outstanding achievements, and is a scientific and advanced concepts, its content, including the rule of law, law enforcement people, justice, serving the overall situation, the party's leadership in five areas. The "Leniency" Lenient Criminal Justice policy requires moderate, temper justice grounds, accordance with the law, not only by severe and quick to protect against criminal, law enforcement must change the concept to human rights protection as the core, in harmony with the legal protection of human rights protection to reconcile the relationship between the more humane, we can see, "Leniency" of criminal justice policy is part of the socialist concept of rule of law, and implementing the "Leniency" of criminal justice policy, the implementation of the concept of socialist rule of law.

(C implement the "Leniency" of criminal justice policy, conducive to the legislative purpose of the implementation. Implementation of combining punishment with leniency of criminal justice policy is the ultimate expression of legislative purpose, to achieve justice value of the objective requirements. Punishment with leniency, we in the criminal justice activities must adhere to the basic long-term criminal justice policy. for serious criminal offenses, the severity must be resolutely severely, the sentenced to death without mercy. but, for legal or discretionary with the lighter, to reduce or waive punishment of offenders , regardless of severity of the offense a misdemeanor weight, whether strike hard objects, should be treated equally, the cash policy of leniency should be according to law. If the dishonored because of strike-hard policies, will result in the loss of national criminal law the basic trust. Only the situation and insist on justice with mercy, to generate positive, positive social effects, and only in strict, fair and civilized law enforcement, based on can be achieved to combat crime and protect human rights, strict law enforcement and good service, law enforcement form and law enforcement purposes, the pursuit of efficiency and the organic unity of justice.

(D implement the "Leniency" of criminal justice policy, facilitate access to maximize the effect of the penalty. Crime is not only a legal phenomenon, but also a social phenomenon, there is crime in any society. Punishment, it is a crime control ways, on the applicable criminal penalties for a crime deterrent effect of penalties, so as to achieve the purpose of crime prevention, deterrence and punishment, but punishment does not increase with an infinite increase in the balance of crime within the scope of deterrent penalties force and is directly proportional to the severity of the penalty, if penalty exceeds the limits of justice, the defendant is difficult to accept, hard to identify with society, and its deterrent to showing a decreasing trend, it will have effect depreciation penalties. the penalty is not the more important better, but you are different in severity, the implementation of combining punishment with leniency of the criminal justice policy, the misdemeanor and felony get proper treatment, respectively, facilitate access to maximize the effect of the penalty.

Fourth, "Leniency" of criminal justice policies and building a harmonious society, the public security organs of the Function
Tempering Justice with Mercy public security organs of criminal justice policy, must adhere to Deng Xiaoping Theory and "Three Represents" and the scientific outlook on development as guidance, firmly establish the socialist concept of law and correct the stability of the concept, the promotion of social harmony as a test of public security work an important criterion, the full implementation of public security functions, effectively contain, prevent and reduce crime and the maximum increase harmonious factors and reduce disharmonious factors to building a socialist harmonious society to provide effective protection.

First, to fully grasp. Temper justice with mercy in the criminal justice policy is a broad and strict organic unity of the whole, the two complement each other, we must fully understand and comprehensively grasp the full implementation. It is necessary to prevent serious talk about the expense of width, but also to prevent width to the neglect of serious talk about, to prevent a tendency to cover up another trend.

The second is to be treated differently. Temper justice with mercy is the core of criminal justice policy distinction. Should be taken into account the social harm of crime (including crimes against the object, the circumstances, means, and consequences), subjective vicious crime (including the time of the offense subjective, the attitude after the crime, usually the performance, etc.) and social impact of the case, according to different times and in different areas of crime and public order situation, specific conditions, severely dealt with according to law, or leniency.

Third, strictly according to law. Tempering Justice with Mercy of criminal justice policy, must adhere to legality, crime, adapt the principle of equality before the law, policy guidance and strict law enforcement to achieve the organic unity, to have wide section, strict to have degrees, width and must be strictly in accordance with strict laws, within the law, so temper justice legitimate, recognized evidence.

Fourth, we should focus on results. Tempering Justice with Mercy of criminal justice policy, crime and punishment should be to achieve the organic unity of human rights protection, legal effects and social effects of the organic unity, protect the legitimate rights of criminal suspects and protection of legitimate rights and interests of victims of the organic uniform, special prevention and general prevention of organic unity, law enforcement investigators with the organic unity of resolve conflicts in order to help maintain stability, resolve conflicts, reduce conflicts and promote harmony.

In short, the Party Central Committee's goal of building a harmonious society is our party from building a moderately prosperous society and create a new situation in the socialist cause with Chinese characteristics and overall situation of a major task, adapted to the critical period of reform and development of the objective requirements of reflects the majority of the people's fundamental interests and common aspirations. building a harmonious society, the core is the promotion of democracy the rule of law, justice, sincerity, amity, vitality, stability and order, man and nature live in harmony. modern society there is a complex social division of labor, need to use legal norms to organize, regulate social relations and the adjustment of human behavior. the public security authorities as law enforcement agencies, both the main body of a harmonious society, but also the builders of a harmonious society, to be faithful to, the full implementation of the Constitution and the law responsibilities, should establish modern judicial philosophy, through the play to their functions, to promote the establishment of a harmonious society and make contributions. Links http://www.hi138.com Research Papers Download