A Tentative Research on the Tendency of Turning Criminal Law into Criminal Policy

The turning of criminal law into criminal policy is the result of the joint action produced by the two factors between the self-demand of criminal law and the guide of criminal policy, between which the demand of criminal law is the inner factor while the guide of criminal policy is the outer factor. The diversity of criminal causes, the scientific tendency of the ground of punishment and the humanity tendency of punishment is the theoretical basis of the tendency of turning criminal law into criminal policy. The core of the tendency of turning criminal law into criminal policy lies in the fact that criminal law shall accept the guidance of criminal policy voluntarily. Both the legislation of criminal law and its operation are to be put into the framework of criminal policy and be held by the grand background of criminal policy. Whereas,while criminal judicature is accepting the guidance of criminal policy, the execution and implement of criminal policy shall be strictly controlled in the sphere of the present criminal law and never implement the criminal policy beyond the regulations of criminal law.