Research On Temper Justice With Mercy Criminal Policy Judicial Activism Application

Temper justice with mercy criminal policy proposed at10Sixth Plenary Session held in2006. Since the introduction，it received multi importance, both academics and practitionershave paid a lot of attention. How to use it as a criminal policy that have many roles in guidecriminal legislative, judicial, applies to the criminal activities of the rule of law play itstheoretical value and practical value, and how to temper justice with mercy criminal policyapplicable to judicial practices benign operation of the operation of the law and the society asa whole have a positive effect, the theory and the judiciary, are in tireless research topic. Ibelieve that the only play to temper justice with mercy criminal policy of judicial applicationof the initiative in order to the organic unity of the relationship between theory and practice,policies and laws, but also can play a good role in guiding judicial practice. This articlefocuses on research temper justice with mercy criminal policy of judicial activismapplicability.Through the research of temper justice with mercy criminal policy of judicialapplicable to basic issues, can explore the conducive to judicial application of the conditionsand even come to need the perfect part to of temper justice with mercy criminal policy.Thenwe can get a more comprehensive understanding of the criminal policy of judicial activismand also benign thinking of it benign.In addition to the introduction and conclusion, this paper is divided into four parts:The first part: A basic question of the temper justice with mercy criminal policy ofdynamic applies. To explore the temper justice with mercy criminal policy of dynamic appliesfirst we have to get the concepts and characteristics defined of temper justice with mercycriminal policy. Made basic interpretation of the "mercy" and "temper", and then come to thebasic characteristics are flexibility initiative and comprehensiveness. The Commission cameto temper justice with mercy criminal policy applies under the guidance of the provisions ofthe law and the basic principles of criminal law. Under the premise give full play to theinitiative and take the initiative to make up the defects of the criminal law and criminal policyof judicial activism do when have mercy or have temper Tempering criminal policy of judicialactivism will apply provided that adhere to the basic principles of criminal law, the goal is toachieve the unity of the legal and social effects, and is characterized by flexibility, initiativeand efficiency. The second part: the temper justice with mercy criminal policy of judicial activismapplicable theoretical justification. Temper justice with mercy criminal policy of judicialactivism applies have reasons that why the establishment is the theoretical basis for thissection to demonstrate the necessity and feasibility. Its necessity reflected in the theoreticalbasis the real needs and the values that it already has. Its feasibility is reflected in the realityof the situation, the judge discretion as well as aspects of the methodology criminalintegration.The third part: the practical investigation of the temper justice with mercy criminalpolicy in the judicial application.The temper justice with mercy have a variety of problemswhen it was been used in justice practices. The problems include the two aspects: the lack ofinitiative, the judicial machinery, leaving faulty; too much emphasis on the initiative, breakingthe criminal law provisions. This part also contains with case specific analysis.The fourth part: the judicial activism of the temper justice with mercy criminal policy injustice applies. This part analysis the “mercy” and the “temper” of the criminal policy fromthe role of the policy played in judicial practices. Further from the legislative, judicialinterpretations and policy run itself, we can find that temper justice with mercy criminalpolicy of judicial activism have the perfect possible. The perfect parts have been found inorder to be better able dynamic applies to judicial practice.