On the Influence and Adjustment of Criminal Policy on Criminal Law

DOI: https://doi.org/10.62517/jel.202614104

Author(s)

Qingyun Dang

Affiliation(s)

Xinjiang Institute of Technology, Aksu, Xinjiang, China

Abstract

Under the background that criminal policies such as "combining leniency with strictness" have deeply affected judicial practice, the victim's fault, as an important sentencing circumstance, has caused "different sentences for the same fault" in practice due to its vague evaluation criteria and unclear dogmatic positioning. Problems such as confusion with justifiable defense and imbalance of responsibility have seriously impacted the autonomy and stability of the criminal law system [1]. The core concern of this paper is how criminal law dogma should deal with the intervention of such external policy factors. The study takes the three-level crime theory system as the analytical framework, and proposes a systematic reconstruction plan based on the principle of liability: strictly limit the impact of the victim's fault on the responsible class, and demonstrate that it can reduce the possibility of expectation or arouse the state of passion, so as to reduce the possibility of subjective criticism of the perpetrator [2]. On this basis, build a trinity integration mechanism of "clear dogmatics positioning-legalization of evaluation standards-gradient sentencing effects", supplemented by procedural guarantees. The program aims to standardize the integration of policy concerns into the criminal law system through the "filtering" and "transformation" functions of dogma itself, so as to achieve substantive justice in sentencing on the premise of defending the self-consistency of criminal law logic.

Keywords

Autonomy of Criminal Law; The Victim is at Fault; Responsibility Doctrine; Stratum Theory; Expectation Possibility

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