Rule by Criminal Law in a Harmonious Society

Rule by criminal law is indispensable in building a harmonious society while justification and leniency of criminal policies should be especially examined and reconsidered so as to balance criminal control and protection of human rights.In logic,one-sided stress of retributivism and taking the idea that retributivism inheres in criminal law as an axiom is highly problematical.To justify a criminal policy,one should not only have a rough idea of the regular pattern of crimes,generally appreciate the criminal situation,clearly know the available physical,spiritual and cultural resources and the development of society,and fully respect human rights,but also have a right attitude in relationship with human nature as we employ reliable evaluation criteria in a specific historical stage.The notion of leniency and tolerance contained in existing criminal policies fully indicates that we should try our best to protect hu- man rights,promote social development and administer comparative justice while maintaining necessary order within a minimum area(re:the idea of“three maximums and one minimum”).In short,modern criminal policies should maintain“supremacy of human rights,”rather than“supremacy of criminal control,”and maintain“supremacy of justice,”rather than“supremacy of efficiency.”