Gansu Province For The Court On The Survey And Analysis Of Unimprisonment

The traditional approach to execute judgment and imprisonment, in return for criminals, and society in criminal, and these walls, against criminals completely isolated from society, also return society seriously affected the social harmony and stability. Under the influence of pan-moral in many places, the judge to apply the unimprisonment have concerns about overmuch, mainly is for the realization of the criminal law is unimprisonment penalty function and deterrence function, comfort, and prevent blow function against crime, the repair and stable social order. Many judges think, apply the unimprisonment of punishment is mainly embodies the influence function of criminals, focus on the humanities, and criminal victims in criminal normally only care about the strike and punishment of criminals, through the punishment, satisfy the requirements for criminal punishment, the desire of the spirit, and the damage was caused by the crime as soon as possible from the misery, and apply the unimprisonment cannot receive "immediate" punishment.As part of the social culture, the development of punishment synchronized with human civilization.The more higher civilization, the execution method of punishment should be more socialization and humanization. Leniency to the inevitable trend of some crimes, the criminal law and lighter timely and correctly apply the unimprisonment is particularly urgent and necessary for criminals, smooth return society, create conditions to maintain social stability, and to build a socialist harmonious society, to improve the law and social justice.From the current international widely acknowledged the unimprisonment of concept, type and classification, the unimprisonment of not only include usually deprived of his freedom of criminal punishment, including the use of other relevant measures. Because of the extensive range of unimprisonment, some of the unimprisonment for little or rarely apply for nearly five years, Gansu province, the paper applies the court of the prison punishment based on statistical data, adopt on-the-spot investigation, questionnaire survey method, and the key to select suitable representative Probation, Control and Separate-fine, three of the unimprisonment from 2005 to 2009, obvious characteristics, the main problems on the overall and objective, realistic research and comparative analysis of current judicial practice, in order to improve the unimprisonment is put forward some countermeasures and suggestions.