Research On The Mitigation Of Punishment

The mitigation of Punishment is a trend to make penalty to be mitigant. It is closely related with the extention of the concept of non-criminal and non-penal. However it should not barely embody in criminal entity law but also carry out in procedure law.The development of mitigant punishment runs through the history of the development of penalty home and abroad. Looking back on the history of penalty, we could see clearly the regular pattern of it—from cruel to mitigant, at the same time we could see the phasal features of its time. These are : the stage of penal revenge, the stage of penal intimidation, the stage of penal equvalence, the stage of rectification, and the stage of compromise. Though each stage had its own features, the general trend is towards mitigant. Otherwise, the mitigation of penalty has enough theoretical base to be legitimatized, showing in the humanitu, modesty and limitation of penalty. The humanity of penalty means the establishemnet and application of the penalty should meet the human nature and to be as possible as mitigant. It is the value basis and developping motivition of mitigant penalty. The modesty of penalty means the legislater should gain the most social benefit out of the lest cost. The limitation of penalty means the limitiation of the function of the penalty. At the same time, penalty has its side effects.The penalty in our country has an apparent trend to be mitigant, which mainly shows in three aspects as legislation procedure, strike-hard policy and the condition of death penalty. It is a wise choice to obey the tide of history to analyze the main reasons of the trend of mitigant penalty and the current realistic basis of the economy society in our country and to put mitigant penalty into practice. In the condition of the market economy in our country currently, it is a must to modulate penalty law. But speaking Fundamentally, various economic relations and paradox are mainly solved by spontaneous modulation of market. Under such condition ,too harsh penalty is contradictory with the inner logic of market econemy. Of course, there is also a problem of rational limitition of mitigant penalty. That is to take the politics, culture, and historical tradition into full consideration. It should not disobey the codition of our country and the sense of general justice. The revolution of mitigant punishment should establish on two aspects as entity and procedure with no particiality. This paper stresses on the research of the system of penalty abatement, the establishment of non-imprisonment and cautious use of death penalty. It mainly concerns the system of penalty prescription of prosecution and its perfection, the establishment of the system of prescription of execution, the absolution system, the substitution of penalty against freedom, control sentence and the ferfection of qualification penalty. We trys to create a better penal enviroment for the mitigant penalty by the establishment and perfection of entity system. At the aspect of procedure, it mainly concerns the deliberative non-prosecutory system in non-prosecutory system and the introduction of restorative justice system.