On The Criminal Policy Of Alternating Leniency With Severity

The criminal policy of alternating leniency with severity, as the prevailing criminal policy in China currently, is posed out in line with the new criminal trend and the characteristics of seciey security by reflecting on the "Severe Punishment" policy in the process of struggling with crimes. Accordingly, how the procuratorial authority would carry out this policy has become a front-burner issue both in theoretical and prctical area.In this essay, the author discussed on the topic of how to carry out the alternating leniency with severity in criminal prosecution from both theoretical and practical sides systemetically. The author hopes that his topic would draw the attention of others to research on the application of the policy in judicial practices in detail. It is mainly arranged in four parts to discuss the policy in the essay.Chapterâ… The history and developing tendency in criminal policy of alternating leniency with severity. It is analysed and discussed from the angle of the definition and development as well as the history and evolvement of the policy, the relationship between this policy and the policy of combining punishment with leniency and the criminal policy of Severe Punishment. Based on the analysis and discussion, it is concluded that the criminal policy of alternating leniency with severity is the summing-up of the long-term criminal policy in judicial practices. To carry out the policy is beneficial to the stabilization of the society and the construction of a harmminazed society.Chapterâ…¡The time connotation and realistic significance of the policy. The meaning of the alternating leniency with severity policy is discussed in this chapter, which is realized by analysing the words "leniency", "severity" and "alternating" and their specific contents, as well as elaborating the necessity and importance of carrying out the policy in criminal prosecution.Chapterâ…¢The application and introspection of the policy. The application guidline of the policy in criminal prosecution is analysed, and the problems existing in judicial practices are elaborated, the reason for which is explicitly analysed from the angle of lack of applicable legislations, the mind-set of Severe Punishment and the incompleteness of relevant machanisms.Chapterâ…£Suggestions on the carrying out of the policy and construction. The auther elaborated the carrying out of the policy and construction of relevant machanism from the angle of investigation of official criminal, suppervision of investigation and prosecution. As for the investigation on official criminals, the author proposed a preference of "severity prevailing", and also constructed a system of self-evidence crimes being exempted, plea bargaining and introduction of special investigation. As for the supervision on investigation, the author discussed the application of the policy from the side of the types of crimes to be severly punished and the correct application of arrest conditions, and she also suggested that the following machanism should be perfected: the Severity Punishment policy, the Juvenile Crimes dealing machanism, the machanism of rapid dealing with minor crimes and so on. As for prosecution, the author proposed her suggestions on the perfection of the alternating leniency with severity policy from the angle of carrying out Severity Punishment by procuring new meanings of law, postponing prosecution, criminal reconciliation and expanding the application of summary procedure.