| To consummate and develop the theories of punishment, execute punishments more practically and more effectively, the article analyzes and observes the exchanged penalty system. This system is widely set overseas, however highly controverted as well.The research of this paper is generalization combines with deduction. In order to conclude what environments does the system' s survival and development fit in with, generalizing the society and legislation backgrounds of representative countries, the merits and defects of legislation or practice firstly. Then by using the deductive syllogism to analyze our national case. Taking the system' s survival and development environments as the major premise, our present legal and social situation is the minor proposition, and not to introduce this system into our country at present will be the conclusion.Elaborating the historical evolution of the exchanged penalty system is the first part in this paper. There will be a detailed generalization of legal rules in this part, ancient and contemporary, home and abroad. The generalization is made by differentiating lands, periods and species at the same time. The second part of this paper is to evaluate the exchanged penalty system. The synthetic evaluation bases on the contrast between the value orientation at beginning and the theory paradox in application. In the last part, negative conclusion on introducting this system be proved , by analyzing the necessity and feasibility of the exchanged penalty system in our country.In the article , human rights and jural justice are emphasized, the doctrine of a legally prescribed punishment for a special crime and the principle of suiting punishment to crime are fundamental criterions on the system value. Multi-angles of view are set on the explanation of the exchanged penalty system: politics, economy, sociology , and etc.For a thorough, comprehensive and systematic research has been made, the article defines this system' s connotation and extension scientificly, describes this system's historical evolution and present development clearly, explicates this system' s anticipated value and realized condition objectively; summarizes our country' s jural and social circumstances specifically. Negation on introducing the exchanged penalty system is the final conclusion. |
