2011•Hebei xuekanRequires access

The duet of Criminal Policy and Criminal Law——The Evolution of China's Criminal Policy and Changes on Criminal Code since 1949

Chunhua Liu

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Abstract

The evolution of the criminal policy means that through the penalty power the state has been doing on choices in the configuration of crime and punishment,and this choice will largely make inevitable impact on criminal legislation.Since the founding of the People's Republic of China,with the social situation changes,criminal policy has also changed from time to time,which experienced the evolution fromthe repression and leniencytocombining punishment with leniency,then tothe criminal policy of tempering justice with mercy.Accordingly,the criminal law has also undergone a constant improvement process by revising after its enactment.Based on the historical facts analysis of the interaction of the criminal policy and criminal law,we can see the rational criminal policy is conducive to rationalization of legislation,whenever necessary changes in legislation will also help the role of the criminal policy play fully and rationally.

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The evolution of the criminal policy means that through the penalty power the state has been doing on choices in the configuration of crime and punishment,and this choice will largely make inevitable impact on criminal legislation.Since the founding of the People's Republic of China,with the social situation changes,criminal policy has also changed from time to time,which experienced the evolution fromthe repression and leniencytocombining punishment with leniency,then tothe criminal policy of tempering justice with mercy.Accordingly,the criminal law has also undergone a constant improvement process by revising after its enactment.Based on the historical facts analysis of the interaction of the criminal policy and criminal law,we can see the rational criminal policy is conducive to rationalization of legislation,whenever necessary changes in legislation will also help the role of the criminal policy play fully and rationally.

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Available abstract

The evolution of the criminal policy means that through the penalty power the state has been doing on choices in the configuration of crime and punishment,and this choice will largely make inevitable impact on criminal legislation.Since the founding of the People's Republic of China,with the social situation changes,criminal policy has also changed from time to time,which experienced the evolution fromthe repression and leniencytocombining punishment with leniency,then tothe criminal policy of tempering justice with mercy.Accordingly,the criminal law has also undergone a constant improvement process by revising after its enactment.Based on the historical facts analysis of the interaction of the criminal policy and criminal law,we can see the rational criminal policy is conducive to rationalization of legislation,whenever necessary changes in legislation will also help the role of the criminal policy play fully and rationally.

Key concepts: Theory of criminal justice, Legislation, Criminal law, Criminal procedure, Criminal justice, Law, Criminal code, Political science

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The duet of Criminal Policy and Criminal Law——The Evolution of China's Criminal Policy and Changes on Criminal Code since 1949 — Research Paper | ScholarLens