Research On Setting Up The Exchanged Penalty System In Our Country

The exchanged penalty system as a penalty executive system, plays a huge role in reducing the disfigurement of short-term imprisonment and fine penalty and realizing the purpose of punishment. The exchanged penalty system makes the penal system form an intercoordinate system, enhances the flexibility in applying penalty.The first chapter is summary of the exchanged penalty system, mainly expatiates the exchanged penalty system in the concept, character as well as the historical source of the exchanged penalty system in our country.In the second chapter, the author introduces the legislative patterns of the exchanged penalty system in other countries and makes a appraisal to these patterns. According to stipulation of crimal laws, the fine penalty can be exchanged into imprisonment, penal servitude, labor with freedom and sermon. The imprisonment can be exchanged into other punishment against freedom, fine penalty, labor with freedom, depriving of competence and sermon. These patterns contain some advantages and also contain some disadvantages. We can draw lessons from them.In the third chapter, the author studies the foundation of the exchanged penalty system, dissertating it from the theoretical principle and the practical basis. In the theoretical principle, the exchanged penalty system conforms to the request of fair, humanism and benefit; in the practical basis, the exchanged penalty system is propitious to solve the difficulty in fine penalty execution and the disfigurement of short-term imprisonment.In the fourth chapter, the author put forward a concrete assumption on setting up the exchanged penalty system in our country. In the premises of building community service punishment, the fine penalty can be exchanged into community service punishment, according to the offender's choice, the short-term imprisonment can be exchanged to fine penalty or community service punishment.