On China 's Non - Penalty Punishment Method

Non-penalty punishment is a method to deal with criminal penalties other than penalty,it’s one part of the criminal sanctions system and a way to bear criminal responsibility. Non- penalty punishment’s value lies in line with the ruquiements of non-custodial, non-penalty and light punishment.At the same time, non-penalty punishment consider the interests of the victims of crime to meet the restoration of social order,reflecting the restorative justice philosophy.Non-penalty punishment method is specified in our country Penal Code section 37,including reprimand, a statement of repentance,apology,compensation for losses and be subject to administrative penalties or administrative sanctions by the competent authorities.The thesis is devided into three parts. The first part is to understand the concept of non-penalty punishment,at the same time traces its history,this is done in order to devide it into two historical periods,one is called diversification stage and another mitigation phase.The second part analyzes why the Criminal Code sets the non-penalty punishment,there are three main basis,one is called legal basis, one is called criminal policy basis and the thied is called legal support.The third part is to compare the domestic non-penalty punishment with legislation abroad,at the same time,we analyze its current situation and problems,on those basis,we make recommendations for improving Non-penalty punishment.Non penalty punishment research is to clearly grasp its position in the system of criminal sanction.Non-penalty punishment’s treatment for minor offenders can achieve the effect which the penalty can not achieved, it Is indispensable for building a harmonious society.