Leniency: criminal law enforcement must follow the wind vane

 

Leniency: criminal law enforcement must follow the wind vane

 

 

    Abstract:In a harmonious society under the guidance of thinking, China's criminal policy has been from the "combination of leniency and punishment" to the "Leniency" change, public security organs in the implementation of the new policy of criminal justice faces a lot of difficulty, must walk out of thinking and habits of the dilemma, to solve the two aspects of internal and external pressure, in law enforcement activities, must take criminal coercive measures and the implementation of the three links from the case, fully embodies the "Leniency" of the criminal justice policy, the organic unity of the pursuit of legal effect, social effect as its mission.

   Key word.Leniency of Criminal Justice legal effect public security organs, social effect

 

   Discussion of the party's sixteen session of the six plenary session adopted the "several problems on the construction of a socialist harmonious society's decision", proposed the system concept of building a socialist harmonious society. As the ruling philosophy, the idea of harmonious society will affect all aspects of government administration, and also provides new guidelines for the law, "Leniency" criminal justice policy in this origin. In this paper, from the angle of public security work, around the "Leniency" criminal justice policy carry out a preliminary discussion.

    A, criminal policy of temper justice with mercy background

   Study on the current criminal policy, criminal justice policy must start from the understanding of the concept, sorting out the changes in the criminal justice policy development, analysis of the present criminal judicial policy background.

   1The generality of criminal policy.Criminal policy is the state or the ruling party of criminal phenomena and their causes of crime based on scientific basis, the national crime trends, depends on the power of the guidance, through the criminal legislation and the criminal judicature, general strategies and measures for the implementation of the punishment of crime and the crime prevention and take the. Criminal policy is the control strategy of country taking for the crime, is a reflection of human rationality in the criminal field, is the reflection of social legal system civilization. A national criminal policy is timely and appropriate, is scientific and reasonable, directly affect the overall effect in punishing and preventing crime, is directly related to social stability and national long period of stability. Criminal policy must be consistent with the constitution as the premise, reflect the state against crime will tend to reflect the national spirit, the criminal legislation, criminal justice and criminal execution trend, to provide macro guidance and the work way of thinking for the criminal legislation, criminal justice, criminal execution operation, its existence and development is a continuous self adjustment and self to improve the process.

   2The evolution, the criminal policy in china.At the beginning of the establishment of the new Chinese until 1982, the punishment of China's adherence to the "Leniency with" criminal policy. In 1979 Chinese criminal law article first explicitly will "combining punishment with Leniency" policy is one of the basis of legislation of criminal law, and the policy guidance of criminal legislation, justice for 20 years. Since 1983, the party and the state transition period according to the actual situation of social security stern, serious harms to the public order crime formulated the "severe punishment" strike hard policy. Many scholars think, "strike hard" is in the "combining punishment with Leniency" a particular criminal policy, criminal policy the author thinks, do so from the legislative point of view, but from the judicial point of view, from 1983 to 2002 was nearly 20 years, actually performs Chinese criminal judicial policy is "strike hard" policy. During the period, 1997 is a special important year, the 1997 criminal law no new express provisions on the criminal policy, to some extent, reflects the criminal policy in a wandering state, when the criminal law was revised in 1997 to establish "the presumable innocence" principle, but in the judicial practice "presumption of guilt" behavior still meet the eye everywhere, politics and law Wei in the coordination of finance "unified", most are decided on mystery "". After entering the new century, China will continue to carry out a two-year "strike hard" campaign, but the background of the times compared with 1983 has undergone great changes, in the actual process of judicial application, the "strike hard" has different from the 1983 "strike hard", the judicial operation more calm, rational, legal system the procedure consciousness has been obviously improved. In recent years, in a harmonious society under the guidance of political ideal, practice with international legal system, the spirit of modern civilization new criminal policy, has been highly recognized by the top decision makers.

   3, "Leniency" criminal policy of understanding.This year, the national political and legal system in order to carry out "the rule of law, law enforcement for the people, justice, serving the overall situation, the leadership of the party" as the concept of law enforcement idea of education, the "two high" work report also appeared many "and indicates the criminal policy of combining punishment with Leniency" is not accidental. This indicates that, after a long struggle, "strike hard" Central has reason to see, to solve the social security problem of a period of prominent contradictions, especially the criminal crime problem, must from the source control efforts, but can not blindly rely on the "strike hard ". Not only that, continue to "strike hard" may exacerbate social conflicts, and the construction of harmonious society draw further apart. From the expressions, "combining punishment with Leniency", "punishment" in the front, "large" in criminal policy, mainly embodied in the "punishment"; "Leniency" is reflected in the "Leniency". Peking University law school professor Chen Xingliang think, leniency, the most important is that the "economic". Here the "economic", refers to the relief, coordination and combination of meaning[1]. Moreover, the "Leniency" since it is as "an alternative to the criminal policy on crime", there must be a process of sublation of "strike hard". Can say, "Leniency" criminal policy, abandoning to the criminal law theory, the aim is not only to implement this policy to maintain the social order, but also to maintain a stable and sound operation of the society, to construct a harmonious society, to provide guarantee for social progress and development.

   4, "Leniency" criminal policy approach.The realization of a harmonious society, building a better society, is always a social ideal of mankind diligently strive after, also is a society ideal includes China Communist Party, Communist Party relentless pursuit of Marx. From the angle of legislation, China from 1997 formally abolished "crime on" system, legislators must as far as possible to end all possible types of crime, the legislative process will inevitably become a criminal confirmation. Because of the relative stability of legislation, "Leniency" policy is now more only in the hands of the judicial process.One is through judicial interpretation to realize.Judicial non crime, light punishment and non imprisonment must or as close as possible to the normative documents as the basis, which is the necessary requirement of the principle of legality. Our country's criminal legislation and judicial interpretation resources in many ways for the crime and non crime, catching and does not catch, litigation and non prosecution, judgment and not sentence will be specified. A correct understanding of the existence of these resources, for the implementation of "Leniency" of the criminal policy has a very important according to meaning.The two is from the law and Policy Division to grasp.The criminal policy and criminal legislation, the criminal policy is the criminal law spirit, the criminal policy is higher than that of criminal law; criminal policy and criminal judicial, law is higher than that of criminal policy, the criminal policy in the criminal law only operate within the framework of the[II]. Ought to see, in the future for a long time, as the development of reforming and opening and market economy, great changes have taken place in society, criminal law strict momentum will not change, and from the purpose of penalty, utilitarian gains and losses, the trend of the times and other considerations, "strict but not severe" is more reasonable[3]. In China's current judicial circles of deferred prosecution, community correction, criminal reconciliation, restore to judicial aspects has achieved certain results.Three is the full use of judicial discretion.In the "Leniency" criminal policy under the guidance of judicial personnel, the discretion of criminal given, starting from the benefit angle of the person's behavior, grasp the point of non quantitative, on whether the perpetrator of the crime make to act human judgment; post conviction sentencing to light punishment direction. But this non tendency of crime and light punishment should accord with justice, fairness, openness, and must be based on the practical need of society, in the global balance between crime proportion, forming a wide and tight balance between wide, strict, achieve the benign interaction, play the best effect of punishment of crime prevention.

    Multiple disabilities, brought two historical inertia

   The public security organ in the maintenance of social stability, social security and the fight against crime first, is the first pass of criminal justice. The practice of public security and the theory of criminal law, and the interests of the masses, public security organs in the implementation of "Leniency" criminal policy problems and difficulties encountered far more than other judicial organs.

   1Solemn, responsibility and mission sense of the sacred become rational regression in a certain degree of disorder.Fighting crime, protecting the people, is the public security work for a long time the only proper course to take. "". In the ideological education in public security political tradition, we impart to the police "political feelings" far more than "legal reason". In practice, the police often have to directly face the violation of the masses, and many bloody crime scene, solemn and mission to shoulder the responsibilities of the sacred sense not to move or retreat, this solemn and sacred develop a strong distinction between social justice a general member, is "on crime and criminals" hate injustice like poison the psychological and emotional tendency. General criminal retaliation has its reasonable emotional foundation, in many police consciousness, the masses of the people and criminals two opposites, crime is our "enemies", is more of a political existence, a good policeman should be completely on the people's side. 2003 at the beginning of the national public security organs of the correct law enforcement idea education movement, has essentially contains the idea to adapt to the modern civilized law enforcement, such as the protection of human rights, deeply reflect the public decision-making thought of the rule of law. While many police know the correct law enforcement idea education is not comprehensive, objective, thorough, and not very well understood, there is no good execution and implementation. Therefore, the solemn duty and mission sense of the sacred is a kind of good moral character, but if lack of rational control have become the rational regression of barriers, become the criminal retaliation host. It is necessary to point out that, to some extent, the legal knowledge background is a complex rational thinking training, deep degree of legal knowledge background represent one rational thinking strength. From the current threshold of the occupation, prosecutors, judges must have been very difficult judicial qualification examination, and the public security organs and no short-term it is impossible to have the occupation legal threshold so high.

   2"Strike hard" policy, the long-term effects of restricting the smooth transformation law enforcement idea.Since 1983, the public security cadre team to grow up in a "strike hard" sound is in the charge of the public security organs at all levels of decision-making power, a lot of front-line police also in the "long-term influence on" policy of growth for the strong cornerstone of the maintenance of public order. Can say, after 1983, the party and the country in the face of the peak arrival of crime during the period of social transformation, decision-making layer to "strike hard" principle, the judicial organs take a "campaign against the" measures ", can catch can not capture the trap", "lawsuit is not the suit", "can be found not guilty" the sentence, criminal treatment not reeducation through labor, which realizes the social stability to some extent, to create the necessary social conditions for the smooth progress of reform and opening up, now is still effective, but it is a special social situation, a matter of expediency. From the actual situation, the current social security situation is very difficult in the short term to let all the police to accept the "Leniency" of the criminal justice policy. In fact, the public security organ is in a dilemma, on the one hand must bear the burden of such crimes, on the other hand, must face the new concept of law enforcement pressure. Can say, effects of long-term "strike hard" thought and practice has become the constraints of public security organs and the police law enforcement idea transformation of an important factor.

   3The implementation of the new policy, the inertia of the evaluation of local Party committees and governments.The public security organ is the work of the party organ, is a component of government departments, public security organs of Party committees and governments is the eternal pursuit of the goal of performance evaluation of public security organs. The public security organs to implement the new criminal justice policy depends largely on the attitude of the government of Party committee. The harmonious society is a long-term process, combat can be effective in the short term, measurable. Many leaders of local Party committee and government thought logic is: harmonious society needs a stable peace, peace to combat and prevent crime, public security organs should intensify the crackdown, bad law and order is the default public security organs. The thinking logic seems very correct, but from the essence of harmonious society, which in the entire process of reasoning in fact completely apart from the source of social security problems, is a lack of a pseudo proposition premise. Some local leading cadres understanding often fall into this misunderstanding, and directly led to rampant social utilitarian thought, in which inertia evaluation under pressure, the public security organ leadership often from the social security problem "for a local inner proof", put the main blame on oneself, and to punish the downward extended. In recent years, Party committees and governments at all levels of the thoughts and ideas are undergoing positive change, such as the "safety evaluation" can be seen as a sign of action, but in practice also needs to pay attention to gradually put the appraisal problem at its source.

   4, hinder the superior public security assessment guide to the implementation of the new criminal justice policy.The case number, to arrest rate, shift v. rate and treatment to combat the quantity index is still the main basis of public security organ level assessment. In recent years, because the examination organ of the crime suspect "wide" is more and more big, the more "strict" for law enforcement and public security organs, and dig the remaining crime more difficult, short criminal increase, has caused the public security organs leadership worries. Many have a strong sense of responsibility to the local public security authorities have introduced a number of "arrested and sentenced to three years or more" object must increase a few percent of the assessment requirements, be difficult. So, on one hand blame examination authority the idea of different, on the other hand, law enforcement lax. In practice, increase the short prison is a realistic problem is be pestered beyond endurance. But, we often ignore the fundamental things, always think a lot of short criminal in prison to complete social crime again, make the most played a malignant factors. But ignores social in the understanding of criminal correction method on the single, did not see the serious lack of the existence of a large number of social disharmony factors and effective corrective action is the main social factors short punishment crime personnel again. To tell the truth, be personally on the scene to experience of non - some problems, some awareness of non experienced difficult to comprehend, problems of direct pressure on the public security organs and the police on the body, the public security organ's leadership was not easy, scholars is very difficult to have a personal experience and understanding.

   5Some disadvantageous factors, social basis.There are always two sides of social evaluation. In the aspect of criminal policy, Chinese culture has two sides from the root. Han Feizi said: the penalty thin not for CI, Zhu Yan not crime, and also known as. The story was in the world, it is suitable for Business Times[4]. In the feudal society of our country, severe penalties and folk "criminal reconciliation" long-term coexistence, run parallel. Even today, in some places there are still people criminal private habits, but also there are many dead thief concealed and unreported cases, public power intervention is difficult. But from the whole social and cultural foundation, the society of "Leniency" criminal policy understanding and acceptance is a long process, the criminal reformed people of discrimination are hard to correct, especially for non custodial judicial measures tolerance is not enough. Directly can be represented as a representative of local suggested the NPC and CPPCC proposals, relates to the requirements of strike, requires less tolerance. Typical recent year academician Zhong Nanshan requirements "strike hard" remarks triggered online hot noisy event. Some of the news media in the supervision and lack of rational, but also to the implementation of the new policy from political risk. Therefore, a stable public security leadership, afraid to take the "attack" charges, if press speculation, if someone petition, often education police insist the laws do not wrong, because the law is rigid, as long as the rigid inner law enforcement, never a big risk. But the criminal policy of master need enough knowledge to support and higher levels of responsibility to guide, in such a complex social situation, "rather left than right" is the most sensible choice for units and individuals.

   These are the "Leniency" criminal justice policy in the public security organs is much more difficult than other judicial organs, this reality constitutes a strong conflict and political civilization, the public security organs in the focus of contradictions, is an historic suffering, walk out of predicament to experience a more painful historical process.

    Three, to realize the organic unification of legal effect and social effect

   The public security organ is an important part of the criminal justice system in China, whether out of thinking and habits of the dilemma, to solve the two aspects of internal and external pressure, the smooth implementation of the "Leniency" of the criminal justice policy in their duties within the scope, is the correct law enforcement idea, but also a historical test facing the public security in transition.

   1, to accept the requirements of social development.It must be pointed out that, in the criminal law does not make modifications, "Leniency" policy in the judicial case can not go beyond the provisions of the criminal law to determine the conviction and sentencing. The subversion of state power, secession crime, murder, robbery, rape, explosion, trafficking in women and children, drug production and trafficking and other serious harm to the safety of people's lives and health and property crime, the crime of the underworld organization and other serious criminal continues to "strict" policy. For this, the public security organs need not worry too much. In addition to promote political and legal thought already the external, we must see from the examination organ pressure. In recent years, the situation of crime in China is serious, according to statistics, in 1950 the national criminal case number is more than 51, by 1983 only 61, 1989 for the first time in 1000000 and close to 2000000, close to 3000000 1999, 2000 reached more than 363, in 2001 reached about 4000000 no signs of decline[⑤]. Under such circumstances, can accept the criminal policy of "Leniency", really need courage and reason. In many parts of the examination organ in judicial practice has been fully embodied in the "Leniency" of the criminal policy, the crime plot slight or lighter, reduced, exempted from punishment to crime, juvenile delinquency crime plot slight, vulnerable groups, can "wide" possible "wide". Statistical data shows, last year the national decided not to arrest suspects a total of 29334 people, decided not to prosecute the crime suspect 14939 people. In the past few years, the court of criminal case, sentenced to 3 years in prison, detention, control, single additional punishment, probation and the number of crime from criminal punishment accounted for about 60% of the total, light punishment trend is very clear. Therefore, no matter from the development trend of the practice of political civilization or the criminal justice "downstream" examination authority, Chinese criminal policy is to "Leniency" stride, the public security organs to implement the "strike hard policy" is only one party is willing, to adapt to the new requirements is our only option. As Comrade Zhou Yongkang emphasized that the public security organ in the "October 31st the closing of the three bases" construction work meeting, implement the lenient and severe criminal policy to the public security organ, to turn negative factors into positive factors, ease social conflicts, to maximize the reduction of social confrontation, realize the organic unification of legal effect and social effect.

   2The idea, innovation.One is the judicial is not everything.Social security is a comprehensive reflection of various social relations and social contradictions of interaction, the influence and restriction by the social politics, economic, culture, education and ideology and many other factors. Practice has proved, the crime is the correction of crime and to deter crime must be the means, is the necessary measures to maintain social order, but not universal means. The root causes of crime in society, is the social circumstances fall and "relative deprivation", to eliminate the source of crime and forces in society.The two is to fight forever is only a temporary measure.Due to the influence of social factors, in a certain range of time and space, efforts to combat the increase can be decompression on the amount of crime, but the existence of "decompression elastic valve domain", hit the effect is temporary, limited. As America criminologist Luis Shelley pointed out: "the city authorities have always had to fight with crime, try various law enforcement they made within their jurisdiction of only leads to crime form change and not to reduce the total amount of crime." Reveal, proof and crime is a legal obligation of the public security organs, but the public security organ's criminal is always "surgical operation".Three is to establish the judicial cost concept.Practice has proved, judicial is marginal cost, excessive judicial existence of diminishing marginal benefit, increase the taxpayer tax caused by social discontent. From the current situation of crime and criminal justice system operation situation, our country is faced with such a situation: on the one hand, total crime continues to rise, major crime, especially organized crime, crimes, drug crimes, violent crimes, Yan Zhongwei threatened the social order, the public's sense of security reduce; on the other hand, contradiction between the input and the demand of judicial resources have not been resolved, the judiciary and the staff overloaded, the criminal case to rise, prison overcrowding intensified, the crime rate to rise, some criminals after release or parole commit more serious crimes. Therefore, we must find another way, from the social find fundamental governance.

3, grasping three links.On the criminal judicial procedure, but so is the key: registration, to take coercive measures, conviction, sentencing, execution. From the range of duty of the public security organs, the criminal justice policy mainly adopting criminal compulsory measures in the case, (the most important arrest approval power belongs to the procuratorate and the court), executive (short-term penalty of detention) three links.One is the filing.According to the provisions of the criminal procedure law, put on record is the public security organs can decide privileges. Once the case, is also marked the official start of criminal judicial procedure. The Ministry of public security of the public security organ shall handle "162nd rules" criminal case procedure: after the case is accepted by the public security organs, after examination, that the facts of a crime and criminal responsibility, and under its jurisdiction, by accepting unit to make "criminal case report", by the public security organ at or above the county level shall be responsible for the approval of people, to be placed on file. This link is how to embody the "Leniency"? The author's own understanding, in case this link, embodies the "Leniency" is a "principle of legality", namely the provisions of article third of the criminal law: the law expressly provides for the crime of conviction and punishment, in accordance with the law; the law does not expressly provided for the crime, shall not be convicted or punished. Although the literal expression is "conviction", but the conviction is not merely the court so a link, but from the case begins embodies the "conviction". As long as strictly abide by this principle, then put on record does not exist too wide, too tight.Two is to take part of criminal compulsory measures.On startup, the attendant is investigation and evidence collection procedures, but caused significant immediate effects on the interests of the parties is the criminal compulsory measures. Once the compulsory measures are taken, the property of the party, freedom is limited and constrained force of state. This link is how to embody the "Leniency"? The author believes that, in this respect, that the public security practice for a long time, the public security organs in the link to more problems, is the abuse of compulsory measures. In fact, the public security organs have carried out many special activities, is the most important: "two rules" (attachment, seizure, freezing, confiscation of property, in violation of the provisions shall be ordered to suspend business for rectification, or in violation of the provisions), "three governance" (new three items: retention measures for the problems existed in the process of, "chill horizontal pushing" problem, the backlog of mail report; three items: torture to extract confessions, misuse, abuse of police enforcement measures). The special rectification activities, take the processing method of the reverse, or is the bottom line of standard -- not for illegal things, do not abuse coercive measures. Therefore, in this part, reflects the "Leniency" criminal policy must first do not abuse "".Three is the implementation of link.According to the provisions of the criminal procedure law, the public security organs bear the penalty execution task mainly has two kinds: one kind is the 213rd criminal procedure law stipulates: for was sentenced to criminal punishment, was executed, the remaining term of his sentence in the following year, by the detention house to perform. Sentenced to criminal detention, executed by a public security organ. Another is the provisions of the criminal procedure law on the temporary execution outside prison prison, parole, probation, control, deprivation of political rights of public security organs. In this part of how to embody the "Leniency"? The author thinks, mainly aims at the criminals in the implementation process of the legitimate rights and interests are violated the situation more, security is not strong, focused on the respect and protection of criminal rights.

   4The implementation of the specific path.One should be the Party committee and government staff.The public security organs should take the initiative to change the local government, local people's Congress report our criminal justice policy. Hand to obtain the understanding and support of the party and government, the National People's Congress, let the party committees and governments at all levels and relevant departments to deepen the understanding of the causes of crime; on the other hand also to the party committees and governments to further mobilize the comprehensive management of public security forces, strengthen the social assistance and judicial mediation work, to mobilize social resources to help the slight crime person and reformed people re social process.Two to actively explore the public security functions within the scope of Restorative Criminal Judicial system.On the public security organs concerned. The restorative justice system refers to the minor criminal crimes by judicial organs, to establish a dialogue on the relationship between crime and the victim, the offender assume responsibility actively, avoid conflict, from the deep contradictions, and through the community, the village committee and other relevant aspects of participation, an alternative justice repair activities the social relationship damaged. We have implemented a voluntary basis of criminal reconciliation system in minor cases, and achieved good social effects. The next step in traffic accident cases, mixed fault crime, embezzlement, lead away the sheep by the way the first forgotten aspects of exploration and practice, and through the consult examination organ identity, actively seek the way Congress added to normal.Three will be "lenient treatment of non victim cases".This is a contentious topic, because it involves the spiritual civilization. The non victim cases, such as in the case of organizing prostitution, as there is no forced plot should be deemed to be non victim cases; such as social moral judgment based on the victim, the plot is not general gambling crime and so on, in the investigation stage can be as much as possible to take coercive measures to lower strength? Some people may think, these cases although no victims, but they violated the law and order, must be punished by the public power. I agree with this view, but from the judicial practice, in the face of such a huge crime groups, cannot rationally by means of social management, relying on the "punish" means, how effective, the reality has given us a clear conclusion.The protection of human rights three to strengthen the investigation process.The public security organ is the most criminal case judicial "processing" of the first "process", although the final decision on the conviction and sentencing can not play, but also relates to the protection of human rights investigation process a lot of problems, we must establish not only to expose crime, safeguard the rights and interests of the victim, and to strictly abide by the law, safeguard the legitimate rights and interests, behavior in consideration of the distribution, including preventing the occurrence of personal freedom was limited by the "Li Siyi" event, with higher requirements completed cases.Four beSpeed up the minor criminal cases.The so-called express handle minor criminal cases mechanism refers to the criminal facts are clear, the evidence is sufficient, the suspect confessed, little harm to the society of the minor criminal cases, improve work speed, speed up the process, the case as soon as possible, to minimize the criminal in custody of a period of fast processing system, in order to resolve contradictions, reducing confrontation, so that the judiciary truly reflects people-oriented value pursuit.To firmly establish the socialist concept of rule of law.In order to further implement the "law, law enforcement for the people, justice, serving the overall situation, the Party led the" socialist concept of the rule of law as the content of the police law enforcement, establish the correct guiding ideology, and to guide the police accept and implement new criminal justice policy, the party and state will transform into the public security the practice of law enforcement.

   5, to realize the unification of legal effect and social effect.The so-called legal effect refers to the legal norms are objective and fair accurately apply to specific cases, so that the people will be realized in the case. The so-called social effect refers to the objective and fair law enforcement and social identity, and have a positive influence on the development and stability of society. Law enforcement must first pay attention to legal effect, because the law reflects the long-term interests and the fundamental interests of the people. The legal effect is the premise of other social effects, there is no legal effect without social effects. In turn, the law is the regulator of social relations, legal source in society must return to society, socialist legislation is to protect people's freedom, dignity and life and property rights, which is the law of the original meaning. Strict enforcement of the law is not an end in itself, its purpose lies in the implementation of effective adjustment of social relations, do not pay attention to social effect will be difficult to achieve the purpose of the law; "thorns mining not grape", law enforcement and law enforcement process error is not Zhou Yan to a certain extent than illegal itself is more harmful, if not pay attention to social effect of law in turn, will damage the authority of law, damage people s belief in the rule of law. The direct purpose of criminal law is a crime, but maintaining the social peace order and the well-being of the people is the real purpose of law. Therefore, the public security organs and people's police in law enforcement activities to pursue fair and civilized law enforcement process, the realization of social identity law enforcement mode, fully embodies the social education function of law, increasing humanization colors, fully embodies the lenient and severe criminal policy, using a flexible way to achieve the rigidity of the law, the organic unity of legal effect, social effect as its mission.

 (the Department of the Ministry of Public Security Research Laboratory in 2006 gave me a research topic, has different versions and length respectively in the "public security research", "2007-8" 2007-1, "Shanghai police of Zhejiang police science" published in 2007-1)

 

 

 

Reference.



[1]Chen Xingliang, leniency of criminal policy, "Journal" 2006 first, 17 pages;

[II]Zhou Hongbo, single people, criminal policy and criminal law, "the law" in 2005 sixth;

[3]Chu Huai, strict but not severe: for the revision of criminal law policy design thought, "Journal of Peking University (PHILOSOPHY AND SOCIAL SCIENCES EDITION)" in 1989 sixth;

[4]Han Feizi "Han Feizi" Wu Du Guangzhou press in 2001 May edition, page 237;

[⑤]Zhou Changkang, Zhang Yingli, Zhong Lvfang, "the development of Criminology -- from the traditional to the modern crime crime", people press, 2006 June first edition.