The Judicial Application of Criminal Policies

In the strict sense of basic legal principle,it is difficult for the judiciary to apply criminal policies as direct criteria in criminal justice.This is decided by the role of judicial organs.However,the relative certainty of law leaves space for the direct use of criminal policies in criminal justice—interpretation of criminal law.China's judicial interpretation system makes the distinction between the interpreter and the judiciary and personnel handling a case.The interpreter does not directly handle a case and the person directly handling a case can not provide obligatory judicial interpretation.Even so,personnel directly handling a case still have a space for judicial interpretation,in which criminal policies are applied.But this can not be done at the expense of the principle of legality and the principle of rule of law.Though direct application of criminal policies can be made,the space is small.Criminal policies are mainly realized through legislation.