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On the Criminal Policy of Temper Justice with Mercy and Criminal Justice

Author: ZhangYunBo
Tutor: LinWei
School: China Youth Political College
Course: Criminal Law
Keywords: Criminal policy
CLC: D925.2
Type: Master's thesis
Year: 2008
Downloads: 110
Quote: 1
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Abstract


The criminal policy of "tempering justice with mercy" is the new development of criminal policy in China. From the background, the criminal policy of "tempering justice with mercy" is the combination of punishment and mercy to the criminal policy of combining inheritance and development, is to analysis the reason of policy reflection, is to our country the construction of harmonious society of socialism political objectives of the strong response; From the content point of view, it includes KuanYan, and difference between, KuanYan review potential three aspects of content; Look from the orientation, it is the basic criminal policy, criminal legislation and policy is the criminal justice policy, or ought to criminal policy. The criminal policy of "tempering justice with mercy" in the implementation of the criminal judicial field should be reflected in criminal judicial stages: stage, put on record shall strictly review case materials; Investigation stage, should be reasonable use of coercive measures; Review and prosecution stage, should improve and expand the applicable relative not to initiate a prosecution system; Trial stage, should realize sentencing equilibrium; Punishment execution stage, should actively introduce community correction.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure
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