Historical Review Of Leniency Combines With Strict Criminal Policy

Leniency combines with strict criminal policy at this stage of China's has great significant for guiding the practice of criminal justice correctly. But leniency combines with strict as traditional method and philosophy to govern the country is not only simple criminal policy firstly. Its thoughts are from China's long history of rule. There existent"Leniency combines with strict"spirit government strategy and legal thought in ancient times. From Xia Dynasty to Wing Dynasty, rulers issued harsh penalties, casual use of cruel punishment, and fully reflected heavy penalty in legal practice. Pre-Qin Dynasty heavy penalty thought is the product of natural economy, the centralization of power and absolute monarchy. Since China entered class society, the ruling class was continuously explored how to make use of the rule right and how to ensure the long-term stability of the country. In the process of the never-ending exploration and summary, wise politicians and philosophers had been found the defects of penalty on basis of using"Strict"separately. So more and more attention paid on made use of leniency penalty. With the popularly of Confucius's benevolent ideology, rulers were stress on using etiquette and law together and took Confucianism's ethics as the fundamental guiding principle for legislation. Charity in Confucianism had far-reaching impact to criminal policy of Feudal society. We can see a large number of examples that, most of rulers sometimes carrying out leniency and sometimes strict criminal policy in taking use of criminal policy. Although different choice, they had the same spiritual essence. They claimed according to the change of social situation to determine taking use of leniency or strict criminal policy. It had some limitations but it was mature thoughts. All of these formed criminal policy tradition for thousands of years of China. Then, the leniency combines with strict criminal policy had new content. It's formation experience from"repression combines with leniency"political strategies to"punishment combines with leniency"criminal policy. In modern world, it promotes fair, humane, the rule of law and efficiency criminal concept. Paid light attention on criminal concept and paid more attention on the protection of human rights. On basis of understanding of reason of crime and limitation of criminal function, lots of countries carry activities on crime prevention, comprehensive management of crime and light penalty. In order to adapt to the new era of social situation and the trend of the times, Communist Party of China starting from two aspects that are fighting against crime and protecting human rights. Inherited and developed China's traditional law culture of"leniency combines with strict"and reference useful components from"polarization". Full consideration the national conditions of China at this stage, formally established"Leniency combines with strict"criminal policy. The spiritual essence is developing step by step. The content is more comprehensive and specific.This article is mainly from four aspects to explore the criminal policy in historical way. First of all, the historical source of"leniency combined with strict"criminal policy. For most ancient rulers, they promoted to choose leniency or strict in using criminal policy according to social changes. So it formed thousands of years'criminal policy of China.Second, the development of"leniency combines with strict"criminal policy. Since modern times,"leniency combines with strict"policy has new content. It experience from"repression combines with leniency"political strategies to"punishment combines with leniency"criminal policy. The author writes from bojective situation of Chinese history, the communist party members Chairman Mao as the representative promoted the criminal policy according to different stage. Third, the establishment of"leniency combines with strict"criminal policy. Through controlling the crime strictly and to maintain the law and order, summing up both positive and negative experiences, it established"leniency combines with strict"criminal policy and gave new meaning to it. Forth, historical analysis of"leniency combines with strict"criminal policy. Any produce of concept and establishement of policy are have deep social and thought source. So the reason rearch for the existence of leniency or strict criminal policy should back to its economic, politics and culture source. The author writes from ancient social background, takes use of dialectical method to answer the thoughts source of the leniency combines with strict criminal policy. And on the basis of that, the paper deep research on"leniency combines with strict"concept and the value and significance of its policy design of ancient China and China in morden times.