On Non-imprisonment Sentence

The trend of the development of the penalty is from uncivilization to civilization .Up till now, it is a fact that the non-imprisonment penalty has been wildly used in thedeveloped countries. The UN has made a great deal of effort to this. After accessionto the WTO, the challenge to China is not only limited to the criminal law in theeconomic system, but also related to the criminal law that is intimate with theeconomic system. An inevitable history tendency is that how to get furtherimprovement in our penalty system and how to come into the international society.Today, the west developed countries have focused their penalty on thenon-imprisonment penalty, the study of non-imprisonment penalty in china is still inits early stages. This paper centers on the non-imprisonment system and introducesthe following ideas: In the first chapter, the author summarizes the non-imprisonment penalty system.firstly, the author elaborates on the essential theory of the non-imprisonment penaltyfrom the meaning, the judgment , the characters and the application of thenon-imprisonment penalty;and then ,the author analyses the Chinese existingcondition that are suitable to develop the non-imprisonment penalty from theinevitable trend of the international criminal law,the demand of the judicialcivilization and the meaningful try of the criminals return to society. In the second chapter, the author analyses the international condition from thestudy and the application of the foreign theory about the non-imprisonment penaltyand the Chinese history reforms of the non-imprisonment penalty. In the third chapter, the author discusses the Chinese existing condition of thenon-imprisonment penalty. He summarizes the legislation and appropriate conditionof the non-imprisonment penalty ─controlling,property penalty and qualificationpenalty, and based on this ,he analyses the Chinese performing system of thenon-imprisonment penalty. Then he points out that we should consider the crime asthe stem of the execution theory and emphasis the value of the criminal law. At last heanalyses the Chinese existing condition of the non-imprisonment penalty performing. In the fourth chapter, the author explores the construction of the Chinesenon-imprisonment penalty. Firstly, the author introduces the legislation system of thenon-imprisonment penalty. Secondly, the author shows his tentative ideas about theconstruction of the Chinese non-imprisonment penalty. At the judgment stage, hesuggests that we should insist on penalty lightening and financial penalty and that thehigh court should issue "The Judgment Guide"regularly to direct the judge how toperform the imprisonment penalty. At the performing stage, he offers a series ofsuggestions such as: we should put all the resources of the non-imprisonment penaltytogether and, set up special and unified non-imprisonment penalty system, completethe supervision system, set up volunteer's organization, and set up the computerperforming system.