Thinking About The Penalty System Of Minor Crime In Our Country

Minor crime has become a problem that can't be ignored by the whole society, and because of the minor offenders compared with major offenders are in their uniqueness whether on physical or psychological conditions, we can not deal with the minor offenders and major offenders the same penalties. This article is about the penalty system of minor crime in our country. It introduces the current situation of the penalty system of minor crime in our country, and tries to find a penalty system of minor crime which adapt to our country's situation based on the analysis of the current situation .Also let the penalty of minor crime can not only punish a minor crime, but also defend the minor crime .The first part of this article introduces the current situation of our country's penalty system of minor crime, including the guiding ideology of penalty for minor offenders, basic principles of penalty for minor offenders and the prescribes of penalty for minor offenders. The law has established the guiding ideology as"relying mainly on education while making punishment subsidiary"and " education, reform, and rescue". And also established the basic principles like the principle of punishing the minor offenders gently, the principle of tow-way protection and the principle of forbidding the death penalty .In one word, the penalty system of major crime is the penalty system of minor crime's model.The second part of this article analysis the penalty system of minor crime based on the introducing of the penalty system of minor crime in the first part. First of all ,the guiding ideology of our country's penalty system of minor crime " relying mainly on education while making punishment subsidiary " and " education, reform, and rescue" is perfect and accords with the basic spirit of penalty of minor crime that including in the international treaties. However, the basic principle of our country's penalty of minor crime is still not perfect enough. The shortcomings of the basic principles of our country's penalty of minor crime are the failure of clearing the special defending effect should be priority; and not clearing and perfecting the individual principle and the proportionality principle of the penalty of minor crime. Finally, the prescribes of our country's penalty of minor crime are not clearly specified. The shortcomings of the prescribes our country's penalty of minor crime are much more distincter.Mainly including these parts, the system of social survey is not perfect enough; the kinds of our country's penalty of minor crime is not perfect enough; the limits of our country's penalty of minor crime is not clearly enough; the executed prescribes of our country's penalty of minor crime does not take full account of the minor offenders'characteristics and interests.The third part of this article gives the proposal for improving the penalty system of minor crime in our country. To improve the penalty of minor crime in our country, firstly we should construct the country's social survey system, including the clear of the main body of social survey, the improvement of the content of social survey, and the limits of the methods of social survey. Secondly, the prescribes about the kinds of penalty of minor crime in our country should be improved, including the repeal of the punishment of controlling and restricting; the prohibition of life imprisonment; the repeal of recusal and the repeal of the punishment that impounding the minor offender's property. Thirdly ,it is necessary to improve the prescribes about the limits of penalty of minor crime in our country, including the ceiling decline of fixed-term imprisonment and the clear of the ceiling of fine sentence. Fourthly, we must improve the executed prescribes of our country's penalty of minor crime, including the construction of the probation system of our country's penalty of minor crime; the improvement of the commutation system and the improvement of the parole system. Lastly we should establish a system of extinguishing the minor offenders'criminal records, to create good conditions for returning to society of the minor offenders. Trying to build a penalty system of minor crime that suit our county's situation basis on the improvement of current prescribes.