China's Penal Policy Rationalization

The best social policy is the best criminal policy. (Liszt) The development of the modern criminal policy indicates punishment is not the only method to deal with the crime, criminal punishment should be combined with non-punishment measures to prevent crime effectively and promote criminals reforming themselves well. Under the influence of this thought, criminal policies of various countries tend towards two polarized directions of "loose criminal policy" and "severe criminal policy "which directly promote the reform of criminal law. Humanitarianism is paid a high value on in criminal policy. Punishment becomes lighter generally which is embodied in strict restriction even abolition of death penalty and development of non-penalization conspicuously. Reviewing our country, the crime circumstances are increasingly severe since reform and opening-up. Having launched "strike-hard" campaign three times in the whole country from 1983 to 2001, the actual effect is unsatisfactory. The crime situation is still very severe. So it is necessary to rethink about the punishment policy of our country deeply in order to apply punishment rationally. How to adjust the punishment policy in order to meet development of society and the modern criminal policy and how to make the punishment system develop to modernization is the purport of the thesis. The article studies the rationalization of punishment policy in our country mainly from two aspects of theory and practice. It consists of six parts.Part Ⅰ, introduction. In this part, the author briefly reviews the development history of the criminal policy and mainly elaborates the realistic meaning of studying the punishment policy of our country.Part Ⅱ, outline of the rational punishment policy. In this part, the author discusses the relation between the criminal punishment policy and criminal policy, defines the conception of the rational punishment policy and indicates research purpose. Criminal policy is directly related to crime and response that the country makes to crime especially criminal punishment policy. Based on the position of the criminal policy in narrow sense, the thesis studies the meaning and function of criminal policy to make adjustment of punishment and relevantsystems, precisely criminal punishment policy. Revolving around national power of punishment, punishment policy of a country is on how to exercise national power of punishment and influences establishment and distribution of punishment, measurement of punishment and execution of punishment. The article takes a macroscopic examination on every stage of current system of punishment of our country from the standpoint of the criminal policy, points out the main existing shortcomings and then puts forward some, suggestions to improve the system of punishment to rational development.Part Ⅲ, the policy of establishment and distribution of punishment. In this part, the author first probes into the theoretical basis of punishment including the value orientation and justification of punishment. The thesis holds the opinion that it is rational humanity and justice should be basic value goals of punishment policy, furthermore retribution and utility should be unified with particular emphasis at every stage of punishment policy. Then after reviewing current system of punishment, the author proposes the concrete measure which is to make overall adjustment of structure of punishment .To achieve the benefit of punishment, we should restrict death penalty strictly, consummate pecuniary penalty and punishment against qualifications and reform penalty against short-term freedom in order to make the optimized composite of different kinds of punishment. This part provides the theoretical foundation for two parts below.Part Ⅳ, the policy of measurement of punishment. In this part, the author first analyzes the main cause of the unbalance of measurement of punishment, then discusses the theoretical basis of measurement of punishment and expounds the rational policy of measurement of punishment should be based on the principle of criminal liability giving consideration to special prevention at the same time. At last, the author raises some suggestions about how to rationalize the policy of measurement of punishment in our country. The following measures should be taken: consummating criminal legislation, establishing the system of precedent law, deepening the reform of system of criminal justice and most importantly, improving quality of judges.Part Ⅴ, the policy of execution of punishment. In this part, the author also studies the rational basis and reasonable measures of the policy of execution of punishment. The thesis points out the socialization of execution of punishment based on the values such as humanity,democracy and beneficialness is the main way out for the policy of execution of pumshment in our country.Part Ⅵ, conclusion. In this part, the author summarizes the article and points out with the progress of social civilization, penalty system tends to be more humane. The punishment policy of our country should comply with this tide of history and abide by the principle of humanitarianism of punishment so that our society can develop more harmoniously.