On The Beneficial Results Of Penalty

The beneficial results of penalty refers to the favorable results ofsubtracting the practical input of penalty from the available output ofpenalty, whose essence is to get in return the most effect of penalty withthe least costs of penalty. The beneficial results of penalty are differentfrom the effects of penalty, the functions of penalty, the catholicity ofpenalty and the utility of penalty. The fundamental requirements of thebeneficial results of penalty are the effectiveness of penalty, theavailability of penalty and the frugality of penalty, in which theeffectiveness refers to the practical pure effects of penalty of preventingcrime and promoting justice by punishing criminals, the availabilityrefers to the fact that the pure effects of penalty are more than the costsof penalty, while the frugality refers to cutting down the costs of penaltyin maximum under the premise of the availability of penalty. The costs of penalty include the deprivation of the rights andinterests of the criminals and their families, the consumption of laborpower, material resources and financial resources, and the infraction ofthe rights of other innocent persons. The yield results include theprevention of crimes and the promotion of justice by punishingcriminals. There are many factors that have influence on the beneficial resultsof penalty such as the severity and rigor of penalty, the rapidity ofpenalty, the confirmation of penalty, the equity of penalty, thetechnological level of penalty, the kinds of penalty, the applied objects ofpenalty and the system of penalty. The severity and rigor of penalty decides the amounts of the costsand the yield results of penalty immediately, so to delimit appropriateseverity and rigor of penalty is the key to ensure the beneficial results ofpenalty. The yield results include the prevention of crimes and thepromotion of justice, therefore, the greater degree the justice is achieved,the more beneficial results the penalty has. Substantial justice andprocedural justice are available approaches to improve the beneficialresults of penalty. Some relative systems of penalty of China shouldbeperfected because they have reduced the beneficial results of penalty.