Title: Criminal Policy of Temper Justice with Mercy and Perfection on Criminal Punishment
Abstract: The criminal policy of ″temper justice with mercy″ has experienced a progress from the ″combination of suppress with leniency″ to the ″combination of punishment with leniency″,and then to ″temper justice with mercy″.Traditional criminal policy cannot adapt to the current situation with the content of ″punishing the chief criminals,ignoring accomplice under duress,leniency to confessor,severity to resister,lighter punishment for meritorious service,reward for great meritorious service″.The opinion that the criminal policy has developed into applying slight actions to petty crimes and stern penalties to serious crimes also contains something irrational.So the criminal policy shall be redefined as ″adequate leniency or severity without any impartiality,leniency with severity or severity with leniency,leniency or severity given according to the situation,leniency given to majority and severity to minority″.The requirement of the penalty system can be deducted from the criminal policy of ″temper justice with mercy″.Adequateness of penalty requires the consistency of crime and penalty.Penalty shall be designed upon the social harmfulness of the crime and be kept under the policy of ″adequate leniency or severity without any impartiality″.″Severity with leniency,leniency with severity″ requires that penalty be individualized and have a reasonable consideration for the criminal's violation possibility to the society.″Adequate punishment without any impartiality″ requires a penalty with a reasonable proportion of leniency and severity avoiding any blanks between leniency and severity.″Leniency or severity given according to the situation″ requires that penalty designing should conform to the social,political and economical situation and the trend of crimes and serve the general goal of constructing a harmonious society and country governed by law.″Leniency given to majority and severity to minority″ requires the penalty designing to indicate humanitarianism and humanism concerns and to be lenient in general.Compared to the criminal policy proposed,the current penalty system in our country has the following limitations: too severe life punishment,too extensive freedom punishment,serious malfunction of property punishment,lack of competence punishment,and uncritical recidivist system.Hence,our country should reduce life punishment,innovate public surveillance to community service punishment,increase the upper limit of freedom punishment to 25 years or 30 years,accept the adding principle for combined punishment for several crimes without the upper limit of penalty period,divide life imprisonment into that with parole and commutation and that without parole and commutation,only commute suspension death penalty to life imprisonment without further commutation and parole,set up system of property punishment substitution,change deprivation of political rights punishment to the deprivation of public rights including voting or being elected,government service,title of technical post,ranks etc.,add punishment of depriving special competence or action,stipulate a heavier punishment for the recidivist within or above the penalty margin and no commutation or parole for the recidivist who conducted three or more times of crime.
Publication Year: 2006
Publication Date: 2006-01-01
Language: en
Type: article
Access and Citation
AI Researcher Chatbot
Get quick answers to your questions about the article from our AI researcher chatbot