The Development And Prospect Of Non - Custodial Penalty In China

The history of the world penalty development, mostly experienced corporal punishment to life, sentence to imprisonment for the center of the criminal process. However, because the extensive prison sentence does not apply to crimes under control, as well as, the imprisonment punishment produces negative effects and so on, the alternative measureof imprisonment punishment-----the non-imprisonment punishment iswidely paid attention to. Non-criminal penalties and penalties for non-imprisonment have become a major development trend of the world's penal system. Some Western developed country's penalty appear the tendency which pay equal attention to imprisonment punishment and non-imprisonment punishment, and gradually expands the applicable scope of the non-imprisonment punishment. Started from the 1970s, non-imprisonment punishment aggravated gradually in the penal sanction system's status, and gradually and massively used in the criminal legislation and the judicial practice. Some countries of European and American already formed the pattern taking the non-imprisonment punishment as the central penalty and carry out the pattern, which is the world penalty system development historical tendency.Looked from the trend of the world penalty's development, there are some big disparities between our country's non-imprisonment punishment's development and international society's reality. At present, although there is a broad prospect in expanding our country's non-imprisonment punishment's applicable scope. But, because the traditional severe sentence principle's influence, the legal rule imperfect and the legislative technology is relatively careless, carries out system's limit. The non-imprisonment punishment receives desolately in the criminal legislation and the judicial medium long-term, the non-imprisonment punishment walks with difficulty, the development to be slow suitably. If we want to change the present situation of the non-imprisonment punishment movement's low efficiency, to realize the penalty system's transformation. the shortcomings of China's system of non-custodial sentence by the existence for analysis and reflection and taking various measures to improve China's system of non-custodial sentence, should be an important topic of the reform of China's penal system.This paper is divided into four parts. The first part is on the analysis of non-custodial sentence's concept. Through comparing and analyzing the similar concepts and terminologies about the non-custodial sentence and non-custodial measures in domestic and foreign literature, on this basis, to give a definition of the concept of the non-custodial sentence.The second part through elaborating the history of non-custodial sentence development, to explain the history of non-custodial sentence's cause and development, and probe into the discipline of the of non-custodial sentence's development.The third part focuses on the status analysis and reflection of China's non-custodial sentence. In this part the author believes that the non-custodial sentence of China's current criminal law provisions, including limit free punishment, and punishment for criminal property. There are some drawbacks in our country's system of non-custodial sentence.The fourth part focuses on the prospects of China's non-custodial sentence. In this part, the author believes that China should improve the system of non-custodial sentence, reform the means of implementation of non-custodial sentence, and expand the application of non-custodial sentence, and put forward concrete proposals.