This should be discussed: analysis of misdemeanor criminal policy and the construction of harmonious society

I personally to the following article view is skeptical, especially in the last more than half a year, happened, tells us "misdemeanor and light punishment" is not one-way impassability, also will bring "felony light punishment", not only to the punishment of crimes, and to some extent even will "encourage" crime,These years of practice proved that no end of trouble for the future!!

This is a very realistic core problems, resulting in the arbitrariness of law enforcement and judicial "elasticity" is the "real" destroy our basic social ethics value basis!

Analysis of misdemeanor criminal policy and the construction of Harmonious Society

Tian Xinghong

In 2009 07 months 08 days 09:49 Source:"Legal Daily"

In general, the criminal policy is the sum of guidelines, principles and Countermeasures of prevention and punishment of the crime of state. Because the national statutory crime are generally composed of misdemeanor and felony, so a country's criminal policy can be divided into felony misdemeanor criminal policy and criminal policy. Misdemeanor criminal policy is an important part of China's criminal policy overall. There are differences of felony and misdemeanor criminal policy of criminal policy in the object of study, research focus, research path and so on, which are respectively research of them, is the need to develop in depth study on the criminal policy of crime prevention and control strategy, but also enhance the scientific nature and effectiveness of the objective requirements of.

Due to the traditional doctrine of severe punishment thought and "strike hard" criminal policy, long-term since, our country attaches great importance to the prevention and control of serious practice, theoretical research and attention to a felony criminal policy, leading to misdemeanor criminal policy become the weak links of theory research. Study of misdemeanor criminal policy theory of poverty and crime prevention and control and theoretical study of the realistic need, the lenient and severe criminal policy the basic requirement of the criminal policy produced a huge contrast, so it has great theoretical value and practical significance for the study of misdemeanor criminal policy.

The definition of misdemeanor criminal policy

What is a misdemeanor criminal policy? To answer this question, we must first solve the what is a misdemeanor. The author thinks, the misdemeanor is a social harm, serious violations of the criminal law of our country and shall be subject to 5 years in prison the following penalty for punishment based discretionary behavior. On this basis, the author thinks, misdemeanor criminal policy meaning has broad and narrow sense. Misdemeanor criminal policy in broad sense refers to the sum of the whole society to prevent and control the misdemeanor taken according to the reasonable and effective organization of anti misdemeanor action strategies, principles and measures. Its core is "misdemeanor misdemeanor light, light punishment", such as for minor configuration lighter punishment, sentenced to lighter penalty etc.. While the misdemeanor criminal policy and narrow in order to "gently" as the core connotation, means "misdemeanor lighter", is due to some factor of utility or social reasons (such as injurers and victims of criminal reconciliation, the two sides have reached an expansion of the non custodial penalty to make the offender to better re socialization), for a crime the punishment is the usual punishment lighter. Accordingly, the author thinks that, the so-called narrow misdemeanor criminal policy ("gently" Criminal Policy), refers to the minor crime in the criminal legislation to impose the non crime, punishment, light punishment and non imprisonment, for minor criminal suspects or defendants in criminal investigation, prosecution, trial stage as far as possible with the rapid disposal, lighter punishment for misdemeanor, prisoners in prison treatment to give disciplinary treatment, low degree of opening treatment, more humane, humane, individual, socialization at the event, in order to save the judicial resources, to reduce the severity and the criminals return to society smoothly reflected national forgiveness, cautious punishment mood gentle criminal policy, namely "legislation more lenient, program wide Jane, punishment wider and more relaxed, treatment". Misdemeanor criminal policy the author advocated refers only to misdemeanor criminal policy in a narrow sense, it is the modern light slow a type of criminal policy, is China's leniency main carrier of criminal policy in the "width". If the misdemeanor criminal policy in broad sense has more probability of words, then, the author advocated the narrow misdemeanor criminal policy has more ought to be criminal policy components.

Is decided by the special historical mission development mechanism itself and our country present stage advocate of misdemeanor criminal policy. First, "a light" is an inexhaustible motive force to promote the mitigation of criminal policy. In order to maintain its intrinsic rules or gain their independence, misdemeanor criminal policy is always to gently in the direction of the development of. Second, "a light" is the urgent requirement of our country at the present stage of social development. To build a harmonious society of socialism in China is more wide and social environment. Third, "a light" is the inevitable requirement of the criminal policy to gently world trend and the polarized criminal policy in the world. Fourth, "misdemeanor lighter" is the inherent requirement of the modestly restraining spirit, is the objective need of allocation of judicial resources reasonably, is an important measure to prevent the occurrence of felony.

Misdemeanor criminal policy includes: first, the criminal legislative policy misdemeanor. In the criminal legislation, including the conviction and punishment policy policy, mainly around the misdemeanor depenalization, mitigation of punishment, non custodial sentences and so on. Second, misdemeanor criminal justice policy, including investigation, prosecution, trial for misdemeanor criminal policy (in the broad sense misdemeanor criminal policy also includes treatment policy). Third, misdemeanor criminal treatment policy. Its content includes the misdemeanor offenders in areas of management, petty criminals correction and crime prevention policies, measures. Fourth, misdemeanor criminal social policy. It refers to the removal of criminal legislation policy, criminal justice policy, criminal execution policy, and social security and crime related to public policy.

Realization of misdemeanor criminal policy approaches

Realization of misdemeanor criminal policy is mainly reflected in the criminal legislation and judicial field. China's criminal legislation, the basic spirit of misdemeanor criminal policy as a pointer, should be improved from the following aspects. First, improve our penalty structure. At present, the heavy structure of our penalty structure belongs to, should be perfected through the variety and the penalty method of structural reorganization and other means, the former mainly includes additional security measures to construct and perfect the system of our country, in particular the deprivation of occupation qualifications such as new kinds of qualifications punishment, the latter includes perfecting the control punishment, perfect sentence and the implementation of the system, enhance the detention penalty of fine punishment in the structure status and improve their practical application rate. Second, perfecting the system of penalty execution, including the basic spirit of misdemeanor criminal policy in accordance with the transformation of China's probation, parole system and the system of community correction etc..

China's criminal justice, there is contrary to the basic spiritual aspects and misdemeanor criminal policy, should be improved from the following aspects. First, improve the criminal investigation practice of China's public security organs, including the abolition of criminal case filing procedure and instead of the registration system, constructing a misdemeanor penalty system investigation period in our country and perfect the system of criminal compulsory measures in our country. Second, improve China's procuratorial organs prosecution practices, including the expansion of non prosecution scope, increase the non prosecution of additional conditions, constructing and perfecting our country's reconciliation of non prosecution system and the construction of the plea bargaining system in china. Third, improve our criminal summary procedure, mainly includes the setting and written proceedings, minor criminal cases, expand the scope of application of summary procedure and improve the trial part of summary procedure and the summary procedure is applied to establish the incentive system. Fourth, improve our prison personnel misdemeanor in practice, including the classification setting disciplinary various prison, different degrees of perfection of misdemeanor offenders treatment system, the progressive treatment system and the opening management system.

In short, from the perspective of economics, misdemeanor and large amount of light, light should slow fast processing; a small quantity and quality, should be severely. So, the judicial resources consumed light, heavy crime can be roughly equivalent. From the political point of view, the transformation of social civilization and progress of the overall performance of the pressing type, against the society to harmonious society, local is the crime / criminals relative tolerance, understanding, and is fundamental governance capacity enhancement and the concept of governance changes. Therefore, as a political, economic law should reflect the misdemeanor and light punishment in criminal law, so as to drive the mitigation, humanity, the pace of modernization.

(Editor: Zhao Jing)

The whole social crime and non crime concept in a major change in the harmonious society construction, we exactly want what, how to build? How to guide this process, reduce unnecessary bloodshed and tuition, how to guide public opinion, easing the social mood, is not only a practical problem, but also a theoretical problem, but is not the legal legal problems, but also the theory of Party building problems.

Proposal "in-depth discussion".

Http://theory.people.com.cn/GB/49150/49153/9613538.html

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