文档介绍：Abstract
Facing the severe crime situation and the limited justice resources, Strike hard policy has been unable to cope with the current development of the situation effectively, in the context of a harmonious society, the government proposed a new era of criminal policy --Tempering Justice with Mercy. Tempering justice with mercy requires different treatment of criminal offenses, on the one hand, effectively strike and deter serious crimes; on the other hand, minimize the social antagonism, deal with the minor crimes quickly, restore the social relationships, and achieve the unification of legal effects and social effects. Criminal policy of tempering justice with mercy regulating the selection and application of criminal justice in the framework of the law, guided judicial how to exercise of discretion to some extent. Responsibility inconsistent with power easy to breed corruption, and procedures framed and measured the scale of power, limiting the wanton, arbitrary and excessive discretion. The provision and operation of criminal procedure, playing the great role of impairment or gain in the implementing of criminal policy of tempering justice with mercy. In orde to make the guidance function of litigation by tempering justice with mercy, we need the criminal procedure to guarantee. Compulsory measures is restrict or deprivation of personal liberty, is closely related to basic civil rights, and also the country's important manifestation of the level of protection of human rights. Tempering justice with mercy put forward some requirement: First of all, the purpose pulsory measures can only be for protection, we must excluded punishment, prosecution and other multi-purpose which existed in the past; secondly, there must be a diverse system pulsory measures, provide the action space for criminal policy of tempering justice with mercy; thirdly, there must be procedures for the implementation of the principle of proportionality, to control discretion and avoid the a