| The trend of decriminalization reformation of the criminal law has been sweeping the whole world since the middle of 20th century, which strongly stroke the traditional criminal law concept, and effectively drove the criminal law reformation all over the world. Decriminalization is based on the spirit of criminal law's compressing and restraint, and it aims at pursuing the guarantee of human rights. Under the background of the establishment of harmonious society and the advocation of criminal policy of"Combination of Leniency and Strictness", our country should absorb the concept of decriminalization reasoningly, and make part of mild and slight crime decriminalized, which could alleviate the working pressure of judicial organs, and save limited judicial resources. Meanwhile, it can also impel the modernization of criminal law, and promote social harmony in our country. So it is of great theoretical and practical importance to the localization of decriminalization in our country to discuss the bases of decriminalization and attempt to design the approach of decriminalization actively.The thesis focuses on analyzing the bases of decriminalization and its realization approach in our country. It discusses the realization of decriminalization in our country from both legislation and fact aspects. The content of the thesis is as follows: Preface: It mainly accounts for the meaning of decriminalization in our country and the purpose of the thesis'writing.Chapter one: The summarization of decriminalization. It includes the definition, classification, and the historical background of decriminalization, and analyzes the differences between decriminalization and depenalization, non-institution,slight punishment and non-criminalization.Chapter two: The bases of decriminalization in China. In this part, the article discusses the external bases of decriminalization, including criminal policy of"Combination of Leniency and Strictness", renovation of concept on crime and conversion of concept on penalty. It also discusses the internal bases of decriminalization, including social harmfulness, bottommost morality of criminal law, and necessity and validity of criminal punishment.Chapter three: Realization of decriminalization in China. In this chapter, it aims at the realization of decriminalization, the author puts up some view about the approach of establishing the decriminalization from legal and practical aspects. |
