The Study On The Necessity And Feasibility Of Decriminalization

Decriminalization is a trend in field of criminal law.In this context, this article gives a brief exposition of its. decriminalization has endless dispute, including whether non-criminalization of the scope of non-criminal, non-crime of the properties. The author to pick a point of view, from the non-criminalization of the necessity and feasibility, to elaborate the existence of reasonable non-criminal, and suitability.Decriminalization is generated relative to the crime of a concept, but has not been a unified understanding, but there are many dissenting voices, thus resulting in the tortuous process of non-crime. Since then more than two thousand years of feudal society and the ideological influence of felony conflict transition, the current appearance of the complex, leading to the understanding of non-crime of more ambiguous. So sort out the decriminalization of the relevant concepts of the role of non-crime is very important.Decriminalization of research and implementation exists necessity. First, the penalty in addition to the fight against crime, deter crime, but also there is the negative value of the penalty, endangering the rights of citizens, can not effectively be controlled and constraint will be back to live honestly. Second, the criminal law。Modesty, mitigation of penalty and deterrent effect of penalties and other marginal inner spirit of the criminal law also requires non-criminalization. Meanwhile, China is building a harmonious society, harmonious society requires stability and internalorder, unity and cooperation, hence the necessity of crime is its inherent requirements. In short, in the context of a harmonious society, the international trend in non-criminal, non-crime has a good trend.After reforming and opening up, China's market economy and the sound of the legal environment are mproved.Different from the planned economy, market economy, limit the unlimited public authority and provid a good economic base for non-crime. The rule of law to further improve the environment of non-crime provides a good external conditions. In short, China already has a non-crime of the survival of the soil, can be Implemented decriminalizationSince the decriminalization and the implementation of the necessity and feasibility of implementation, we should vigorously promote the implementation of Crime. First of all, government agencies and the legislature should take to promote the implementation of non-criminal responsibility. Second, as China's ruling Communist Party of China, which should carry the decriminalization of the implementation of this flag. Finally, in addition to play the main role, but also should imprve the concept of cultural systems, and criminal aspects.