Research On Decriminalization

Decriminalization means no longer treating the criminality as a crime as before. In general, it includes not only the legitimating of the criminality before from legislation or turning to the administrative manipulation, but also treating certain concrete committing not as criminality. The decriminalization of specific behavior excludes the using of state's penalty power, which helps to restrain the state's power in criminal domain and guarantee human rights. So decriminalization should be considered into the policy of domestic criminal laws.This dissertation systematically investigates the meaning and the foundation of decriminalization, and discusses the implements in criminal legislation and judicature in a view of criminal policy. From the research, the writer thinks that an expansion tendency exists in domestic criminal law, which is adverse to civil rights safeguard and realization of nomocracy. Though the juristical circumstances of domestic and some west countries are different, the proposition of decriminalization criminal policy has important theoretic and practical meanings. The rational concept of crime and penalty and the concept of limitation of criminal and protection of legal rights contribute for us to eliminate our superstition toward criminal law. Similarly we can use criminal measures to control committing crime. To realize decriminalization criminal policy, using penalty rights to protect ethic morality and maintain society order should be avoided in legislation. Introducing the justified act and expected possibility theories and evaluating criminal cognizance for a couple of times, the supreme judiciary extending criminal administrative domain also should be avoided through legal explanation. Finally, partial state's rights of reaction to crime should be handed to civil societies, which cultivates their auto-supervised and auto-protected capabilities to restrict the expansion of state power.This dissertation is composed of five chapters. The meaning with the academic status and the characters of criminal policies are introduced in the introduction section, which is used as the research method and viewpoint of decriminalization. In chapter one, the primary signification of decriminalization is presented, and a view of the decriminalization implements of many countries is given. In chapter two, detailed explanation is launched to the foundation of decriminalization in academic and practical views. In the mean time, the contribution of this concept is explained clearly. The implement ways of decriminalization criminal policy of criminal legislation and criminal judicature are proposed respectively in chapter three and chapter four, which is the attitude of the writer towards some issues in criminology. In the end, the significance of the decriminalization policy to our country is analyzed in chapter five, in the background of civil contemporary criminal policy.