A Research On The Modernization For The Penalty System

Modernization of penalty system is a kind of macroscopic concept with abundant connotations and various stipulations. Modernization of penalty system should have three steps as mutual cooperation within the system, transformation of penalty attitude and merging with other systems. The common realization of them must be executed together. Deficiency of any one of them will have negative influence on the formation of other aspects. Therefore, during the procedure of modernization of penalty system, enough attention should be paid on the three parts. This macroscopic concept has made us clear what will have to be done when executing modernized penalty system by relevant theories of modernization. Therefore, we will let others to have macroscopic training on modernization of penalty system. But we must know that the modernization of everything could not only depend on the analysis based on modernization theory, for modernization is the one of some concrete matter. When making macroscopic analysis on modernization, we must base ourselves on each part of penalty system itself and scrutinize what kind of mode will be established after the modernization and how the mode will show the aspect of modernization. This thesis is based on the investigation of the expression of modernization among the three parts of penalty system and then makes an analysis on what kind of special characteristics they should express during the modernization.Under the instruction of rigid penalty, penalty structure will have two features; the first is that penalty structure has achieved legality because of the law. That is the applicable procedure of penalty will have definite stipulations and there is sufficient legal base to assure the reasonability of the existence of penalty structure. Meanwhile, correspondence between penalty structure and crime has been achieved, which is a kind of social phenomenon controlled and prevented by relevant law regulations. Penalty structure comes into being just because of crimes. The legality of penalty structure is confirmed by the rigid thinking, which has made penalty on crimes have sufficient and reasonable base and made the existence of penalty have its own meaning. After all, ideologists in each times all have shown great attention on the necessary corresponding relationship between crimes and penalty. Both ancient criminal law school and criminal positive school are all based on the analysis between crimes and penalty. Only the position based on is different in nature when making analysis. The second is that penalty structure has achieved its transparency therefore. As we all know, penalty, as a way of punishment by the state, after its formulation, will have the public have the right to know it. The more people understand and master the holy law, the smaller numbers of crime will become. Ignorance and difficulty to ascertain on penalty will certainly increase the desire of chop logic. For law-officers, transparency of penalty structure will make them judge in a more clear way, which will effectively avoid judge difference on similar cases because of limitations of people and assure successful promotion of judicial work. For the public, transparent penalty structure will make them have intuitionist cognition on penalty, which will make their supervision of judicial work more convenient and effectively prevent appearance of judgment at the please of the judge and grievance.What the penalty mechanism will show is the behavior procedure and rule in order to achieve the goal and value of penalty after its establishment. Penalty mechanism in our country will face bad running results, big differences between resources investment and actual benefits, unsuccessful operation and appearance of conditions under which the rule has always been broke during the operation procedure. Those are difficulties laid in front of us, which have become an obstruction of constituting modernized penalty system. Therefore, it is necessary to do a complete analysis on the problem and thus provide solution way to make penalty achieve modernization.In the three parts of penalty system, the penalty field is the most complex part, which will involve in relevant penalty existing mood and regulate national policies. Meanwhile, it will undertake important functions of guaranteeing penalty structure and mechanism as a kind of developing requirement. Therefore, modernized reformation on penalty field has become a proposition which can not be avoided and could not be talked to an end. Therefore, the section will be based on macroscopic point of view and make reformation analysis on modernization on important parts in the penalty field. For penalty field, according to their existing environment, the field could be divided into public field and private field from the opposition between single person and the state. Therefore, we will explore modernized reformation based on the two parts of public field and private field. In the public field of penalty, criminal policy will be the one with the most macroscopic guidance. Criminal policy will have commanding function for the whole criminal science without any doubt. Therefore, just because of this status of criminal policy, we think the reformation of penalty field will take the reformation of criminal policy as core for the public field. Speaking for the private of penalty field, the biggest characteristic is its freedom from my point of view. Each element in this field will flow according to the guidance by single person and social will. To larger extent, it is a kind of reflection made by the present demos against the whole social environment. Therefore, investigating from the private field, public opinion could often be represented. In the private field, the attitude on penalty by the demos will be the best index on the self practice body of penalty system and results analysis. Guiding a good penalty attitude will be a kind of indispensable parts for penalty system to assure its own function achievement. Therefore, the modernized reformation on private field will take modern penalty concept cultivation as the core. Penalty concept is a kind of conception on what the penalty actually is by the demos. It is the influence brought to the demos by the penalty system. Although the penalty system itself mainly lies in the regulations and a kind of procedure, the reasonability between regulations and procedure will have some spirit as the support. So the cultivation of modern penalty concept is not only an important point in the transformation of penalty field modernization, but also a kind of driving force in spirit for the achievement of modernized penalty system. Therefore, taking it as the core will comply with the modernization reformation direction of penalty field.