Study On Rehabilitation System In Criminal Law

With the constant deepening of purpose of penalty, educational penalty and constant attention to human rights, non-penalty and mitigation of penalty which can reflect more protection of offenders'human rights have been gradually taken root and respected by more and more people. As one of the consequences of crime, penalty is the most severe sanction. As an important sentence type, qualification penalty plays an important role in the system of penal sanctions. As a consequential effect of penalty, criminal record can bring a great negative impact and a serious impediment in the socialization process of the former prisoners. In the judicial application of penalty, we obvious lack of a penal institution like the parole system in the application of freedom penalty to ensure early elimination of inmates'remaining prison term in the executive process of qualification penalty when he satisfies corresponding conditions. We also lack of a penal system which can eliminate the criminal record to promote the re-socialization of inmates and avoid the occurrence of phenomenon of penalty remaining. This is the practical significance of rehabilitation's existence and the article topic.This article mainly introduces the contents of rehabilitation by four parts.The first part is the overview of rehabilitation. This part mainly introduces the development overview of rehabilitation, the overview of legislation in laws of many countries, the research of rehabilitation nature in criminal law theories of many countries and the differences between rehabilitation and other penal systems. On this basis, the article defines the concept of rehabilitation as following: As the name implies, rehabilitation's meaning is the restoration of rights. In the current penal system, restoration of rights generally refers to the inmates who lose their rights due to penalty can be allowed to recover their rights or qualifications when they are in compliance with certain conditions.The second part mainly discusses the establishment basis of rehabilitation. The article studies from theoretical basis and practical basis of rehabilitation's establishment. First, based on the theory, establishment of rehabilitation is the reflection of principal of suiting punishment to crime, practical requirement of achieving the purpose of punishment, necessary requirement of principal of modesty and restraint of criminal law. Second, according to the reality, establishment of rehabilitation can eliminate the inherent disadvantages of qualification penalty, eliminate the negative impact of criminal record, meet the practical requirement of offenders're-socialization, reflect the practical requirement of conservation of penalty resource and meet the necessary requirement of improving the penal logical system.The third part the application of rehabilitation. This part mainly investigates related issues about rehabilitation from applicable scope, applicable conditions, applicable procedures and applicable effect.The fourth part mainly poses some simple ideas about establishing rehabilitation in criminal law of our country. First, this part introduces the regulations about related issues of rehabilitation in existing criminal law and related laws of our country and reaches conclusion that existing laws of our country lack of systematic and integral regulations about related issues of rehabilitation. Second, based on the above discussion of the article, the author poses some ideas about establishing rehabilitation in criminal law of our country, mainly proposing some very specific legislative proposals from implication of rehabilitation, applicable scope, applicable conditions, applicable procedures of rehabilitation, revocation system of rehabilitation and legislative regulation.