Studying On Several Issues Of The Mitigation Of Punishment

Any society faces criminal pressures, and the punishment is just established as the means of the law to inhibit the crime. The mode to resist and manage the crime is a kind of choice, and it should be a rational choice as it ought to be. From the ancient times to now, all societies face the crime, resist and manage the crime and all choose the mode to resist and manage crime of themselves. Whichever nations have the system of punishment it worshiped, because there has innumerable factors influencing the system of punishment. The mind of severe penalty has its own background to live, and it has stubborn vitality in the present of China. But, the core of modern criminal law should be controlling the crime rationally and effectively , and the mission of the system of penal jurisprudence is just to resolve the human rights security and social security, the two big problems. The evolving of criminal punishment is a process of tallying up experiences and going forward continuously, and the way to realize the mitigation of the punishment is to abolish the severe penalty measures as a total. The key is to create the macro-foundation and the micro-foundation of the mitigation of the punishment, and lead into the concept of value and social practice activities which can change the social methodology. Therefore, the inquiring into the mitigation of punishment's macro-way and micro-way of our country turns out very meaningful.