On The Defect And Correction Of The Penalty System In China

Because the legal system modernization starts later and is influenced by traditional severe punishment thought, there are a great deal of places less than satisfactory , the full play of the penalty function of the serious obstacle in the penalty system of our country. This text is on the basis of comparing traditional criminal legislation of foreign country and our country in a large amount, carry on deep theory analyze , point out of our country penalty system structural unregulated behavior and combine current situation of our country get the corresponding solution out of comparatively, in the hope of improving the existing system, give full play to the retribution of penalty and educational function, finish penalty and defend the ultimate purpose of the society better.This text amounts to three parts:Part one have made relevant basic categories such as penalty concept and their essence, purpose, function and their interreaction on a foundation of simple survey , analyze punishment kinds of establishment and penalty operation mechanism to influence that function realize.Part two Point out the subject problem that the influence function that our country has penalty systems now to exist gives play to, for instance: The penalty measure to the legal person is too single , cant already meet criminal law and attack , control the need of serious legal person's crime day by day ; The punishment position of the fine is on the low side, the range of measurement of penalty of fixed-term imprisonment is too narrow, the life imprisonment and death penalty ( postponed a deadline and carried out) have already sloughed off and turned into " long-term fixed-term imprisonment" etc. and already restrained a kind of efficiency that there should be of every punishment from giving play to seriously; It causes the wasting enormously of legislative resources to " have no shield " and overlap the legislative phenomenon; It doesn't conform with the regulation of the constitution to restrain from , deprive the political freedom , confiscate the legal property, deprive the right that the criminal obtains the labour remuneration etc., roll over, support, stipulate, improve etc., unfavorable to the...