The Study On Criminal Policy-oriented Of Criminal Law With The Perspective Of Tempering Justice With Mercy

Criminal policy is the essence and soul of criminal legislation and criminal justice,and has an extremely important role in promoting the construction of criminal law.In specific judicial practice,criminal policy has a very direct guiding influence,which determines the basic value orientation of criminal justice.At present,our country adopts a basic criminal policy of leniency and strictness.The establishment of this policy is actually a remodeling of the legal concept based on the construction of socialism with Chinese characteristics,which reveals the change of our country ruling concept.Based on the specific explanation of the connotation of the criminal policy,this article takes the criminal policy of combining leniency and strictness as the entry point of the study,makes an in-depth analysis of the impact of the criminal policy of leniency and strictness on the criminal law,and discusses the criminalization of criminal law from the perspective of leniency and strictness Ways,in order to be able to play a reference role in promoting the process of criminal policy of criminal law in theoretical discussion and practical operation.The main content of this study includes the following five parts:The first chapter is an introduction.This part first explains the background and significance of the topic,and expounds the relevant research situation at home and abroad,lists the specific research methods,and points out the innovations and deficiencies of the research.The second chapter is an overview of the criminal policy,and the theory of the criminal law as well as the combination of leniency and severity.Firstly,it defines the concept of criminal policization of criminal law,and expounds the theoretical origin of criminal policization of criminal law from the three stages of its gestation,generation and development.Secondly,the paper analyzed and defined the connotation of the criminal policy of tempering justice with mercy,then introduced and its historical development.The third chapter is the basic consideration of the criminal law.This part mainly discussed from the realistic basis of the criminal law and the theoretical basis of the criminal law.The fourth chapter is an overview of the situation of criminal policy in criminal law.From the reflection of the criminal policy “leniency”,“strict”,“economic”these three aspects in criminal law,this chapter concluded that the criminal law needs to adapt to the development of society through criminal policy,and Solved the problem of how to embody the criminal policy in the execution of penalty.The fifth chapter is the reflection on the criminal policy of criminal law under the combination of mercy and severity.This chapter puts forward the reasonable limits and development of the criminal policy of criminal law under the combination of leniency and severity,and humbly tried to explore the research direction of related disciplines,so as to lay a foundation for the future study of criminal policy of criminal law.In the final conclusion,the author made a certain summary and generalization of the full text of this article,and also put forward some immature thinking about the description of criminal policy and criminal law norms.To further improve and improve,I hope it can benefit colleagues and academia to a certain extent.