Research On The Trend Of Gradually Lightening Penalties

Along with continuously developing of the penal code theories, thought of scathing penalty, ruthlessness became penalty gradually to turn lightly. This is the penalty development process in to lightly slow direction development of inevitable trend. Penalty's turning lightly and slowly is along with society of economy, politics, culture and thought obsession degree of development, but develop gradually of, which is people rational of the function, purposing of value and penalty of the understanding mankind's oneself and develop objective regulation, but output thought view. After enlightening doctrine current of thought rise, the penalty turns a development to become independent theories system lightly and slowly, becoming the motive that the penal code turns reform lightly and slowly. Penal code substantial evidence the penal code of the school of thought turns lightly and slowly of theories, and then enriched and developed to enlighten the theories of doctrine, making the theories day that the penalty turns lightly and slowly attain perfect.Seeing from the development of mankind history, the penalty establishes total top from ruthlessness alignment lightly slow, the free replaced life and the position of corporal punishment gradually, the modern and social world penalty turns reform sport to develop rapidly lightly and slowly, freely penal center position again be subjected to the penal sum penal and emollient impact. Regardless western society still China, all be walking a road that the penalty turns lightly and slowly.The theories groundwork that the penalty turns lightly and slowly is the humanity, because of the penalty to suppress sex, utility. The humanity is the worth target of the indispensability of the penal code within modern rule of law society. The utility principle tells us that the reason of the crime member apply penalty, its purpose lies in the social utility which carrying out a crime prevention through a punishment crime to pursue, supporting social law order. The penalty suppresses sex to request lawgiver, should try hard for with the minimum expenditure, obtaining the biggest social performance. The realistic groundwork enunciation that the penalty turns lightly and slowly, at penalty from ruthlessness change direction a lightly slow development history up, the economic factor contain prominent function. Social structure occurrence variety, the penalty idea corresponds and then will take place variety, at social structure gradually complicated modern society, can't depend on again strict to punish. Be worth a level to speak from the culture, practice penalty to turn a pertaining to crime policy lightly and slowly, is to our country "penalty a life time the light life time is heavy" wait traditional law culture thought and the contemporary foreign pertaining to crime policy of "lightly layer after layers" of the reasonable factor absorb and draw lessons from, this is the result which investigates to the penalty function and its regulation.The path right and wrong crime that the penalty turns lightly and slowly turns, the non- penalty turn, light punishment to turn. Committing crime to turn not is an importance performance that the penal code suppresses sex, committing crime to turn not today is much more than a kind of worth principle, have become more nowadays numerous national lawmaking's in the world and judicatory fulfillment in of diligent situation. Non-penalty's turning has already become world mast's penal code reform of the nation to exercise of development trend, bring about important but profound influence on traditional penal code in all countries. Light punishment to turn I am opposite to turn to say in the heavy, the essence which lights punishment to turn is a penalty to turn a development lightly and slowly, the near modern penalty tends the light direct reason then comes it rational in the mankind of awakening and penalty are in the society the control the system function structure of variety.Our country current pertaining to crime law system existing obvious heavy to turn tendency, its existence is to have it the deep history reason and social reason at. Under the our country current political economic circumstance, penalty's turning lightly and slowly is a long-term gradually into the process, our country of the penalty turns lightly and slowly of road should from the following several aspects gradually carry on, carried on reform to the death penalty system, limited death penalty in the really necessary scope, raised free at our country of the position in the penalty system, the development property and qualifications, replace part of free, perfect combine the creative jail execute criminal system. Correct community, instauration the judicatory is a kind of path which carries out penalty to turn lightly and slowly.