On the Relationship between Criminal Policy and Criminal Law in Criminal Justice

Difference between criminal policy and function of criminal law leads to conflict and tension in implementing criminal policy and criminal law,which has been considered as fire and water or parallel lines. How to clarify the relationship between criminal policy and criminal law is far from a consensus. In fact,in the framework of basic rule of criminal law,criminal law and criminal policy can realize the integration and unification based on analysis from the perspective of substantive illegality. On one hand,the application of criminal law needs the aid of criminal policy,which penetration is inevitable; on the other hand, strength of criminal policy should be subject to certain constraints. Its aspirations should be integrated into criminal theory system,making security mechanism of criminal law and policy flexibility reach some kind of compromise and balance,in order to work together to become the practical logic of modern criminal law.