Study On The Criminal Policy Of Combining Punishment With Leniency

The criminal policy is the preventing and controlling plan which country is dead against the crime, is the product of the human rationality in the criminal domain, is the embodiment of the civilized degree of the social legal system. A national criminal policy whether is moderate, whether is scientific and reasonable at the right moment, is affecting the overall effect about the penalty and the prevention crime directly, relates the harmonious stable society and the national long-term peace and good government directly. The balance of protection function and the safeguard function of the criminal law is the benchmark and the lever to adjust the criminal policy. A national criminal policy which carries out in a certain time either heavy or light is decided by this country how to balance relations of the social benefit and the personal interest in this time. When it needs to emphasize to protect society benefit, the criminal policy directs to"strict", when it needs to emphasize to protect the personal interest, criminal policy directs to"light".Undeniable, the phenomena of the organized crime, terrorism crime, serious violence crime, drug-related crime and recidivism crime and so on are seriously threatening the stability of the social order and the populace live, and deepen the crime sense of fear of the social populace daily, they request the authority to take the severe measure to significant crime based on unsatisfied social order situation. In order to respond the public opinion on punishing significant malignant crime severely, maintain the social benefit, avoid the social order out of control,"strict"criminal policy should be adopted imperatively; this is the inevitably choice to stress to protect the social benefit. But regarding slight crime, we should consider adopting"light"criminal policy, pay great attention to the crime person's education and corrects, which favors to socialize again and promote him return society. The"striking hard"criminal policy that our country has implemented all along has fallen into the vicious circle, so, adjusting the current criminal policy effectively to organize to counter-attack the crime is imperative reasonably. Therefore, uniting the development trend of the polarized criminal policy in the world, our country proposed the criminal policy of combining punishment with leniency at the right moment. The proposal of the criminal policy of combining punishment with leniency causes the idea of the human rights safeguard sinking deep into the hearts of the people, people start to pay attention to the treatment of the crime persons, advocate the humanitarianism thought, request to treat kindly the crime persons, cause them enjoy the human right which they should enjoy when they are in prison. Moreover, it enables our country to distribute judicature resources rationally in order to save the more judicial resources to attack the significant malignant crime such as the terrorist crime, maintain the national security more effectively, and maintain the stability of the social order.