중국에서 ‘惩办与宽大相结合’에 관한 형사정책의 형성 과정과 현황

Abstract

During the First and Second Revolutionary Civil Wars in 1930s, Mao Zedong first raised the political strategy of combining chastisement with leniency. Then this strategy as a policy took its shape during the period of Anti-Japanese War (1937-45), and continued to develop during the War of Liberation. In the early days since the foundation of People's Republic of China, exactly in 1956, the policy of combining chastisement with leniency evolved into the policy of integrating chastisement with leniency and applied to all types of criminal offences as one fundamental criminal policy. In 1979, the Criminal Law expressly provided the criminal policy of integrating chastisement with leniency. In 1983, the Central Committee of CPC decided to implement the severe and quick crackdown policy of combating criminal offenses and launched three crackdowns. The Crackdowns played a vital role in maintaining the social order. However, the crackdown policy had some negative influences in protecting human rights. As deeply affected by the crackdown policy, the Criminal Law in 1997 stipulated some unreasonable provisions as to inchoate crimes, premeditated crimes and abettal crimes, and excessive death penalty charges. The criminal policy of integrating chastisement with leniency was raised in the CPC Central Committee's Decisions on Certain Major Issues in Building Socialist Harmonious Society, passed by the Sixth Plenary Session of the Sixteenth CPC Central Committee in October, 2006. And then the criminal policy of integrating chastisement with leniency was stipulated in the Seventh and Eighth Amendments to the Criminal Law. However, confronted with increasingly complex domestic and international situations, this policy is facing severe challenges.