On The Perfection Of Non-Imprisonment Punishment System In China

Italy criminalist Beccaria stated:" stop the crime occurred in one of the most effective means, is not the cruel punishment, but punishment is inevitable, that the penalty (even mild punishment) is inevitable, it than other more cruel punishment fear, can have a profound impression." Beccaria's remarks from ancient to modern times imprisonment system exists insuperable malpractice. After the Second World War, western countries have started the non-imprisonment punishment system exploration and practice. Nowadays, reprimand, fine, compensation, the victim -- criminal reconciliation, nursing care plan, probation and parole, non-custodial measures in western countries has widely applied in the penalty. Non imprisonment punishment in the span of a few years the rapid development of the cause, it compared with the imprisonment penalty suitable due to obvious, contribute to the rehabilitation of offenders and return to society, with the socialization of penalty execution principles, can greatly reduce the penalty cost, contribute to the rational allocation of resources, in line with national execution of penalty development light criminal law and humanitarian spirit etc.. In our country criminal law"" in spite of the early non imprisonment punishment stipulation, but has not caused enough attention, theoretical research lags behind, in the judicial practice the use of less. In view of this situation, the non-imprisonment punishment on a rational, overcome the short-term imprisonment penalty and imprisonment of drawbacks, advance the non-custodial penalty in China is perfect with development, have very important sense. Based on the realistic need, the need for existing non-imprisonment for reflection and reconstruction.Based on the writing subject, based on the integration of criminal for basic research method, but also the use of comparative analysis, value analysis, empirical analysis and logical thinking and other commonly used research methods in the Social Sciences, to our country the non-imprisonment punishment system to perfect the related problem analysis and argumentation, and on China's future development of non custodial penalty prospect and system design, proposed consummates our country non imprisonment punishment suggestion. This paper mainly discusses the perfection of the non-imprisonment punishment system, this article mainly consists of three parts. The first chapter of our existing Non-Imprisoned punishment problems. Mainly from the legal concept, legal system and implementation mechanism three aspects discusses Non-Imprisoned punishment problems. The legislative system problems are: non imprisonment punishment, monotonous type of non custodial penalty setting unreasonable and entity law principle leads to low application rate. Execution mechanism existence question: actuator is a supervisory measures, and community correction legal lag lag. The second chapter focuses on the analysis of the restricting factors of the development of non custodial penalty. Including the severe punishment doctrine effect, implementation mechanism to restrict and mass on non imprisonment punishment lack of scientific evaluation. The severe punishment doctrine mainly influences over the years to implement the criminal policy, criminal execution organs of conservative attitudes and social disapproval. The third chapter is this article discusses section, combining the relevant theories and the domestic and foreign non-custodial penalty carry out practical experience, on the non-imprisonment punishment system for the design, perfect the non-custodial penalty types, reconstruction of non custodial penalty system. In this chapter the author first discusses the perfection of non imprisonment punishment system should adhere to the guiding principles, adhere to the principle of humanitarianism of punishment and adhere to the principle of penalty modesty. Secondly the author echoes of first chapter separately from the legislative system of law enforcement mechanism, supervision mechanism, three aspects of the non-imprisonment punishment system reconstruction. Perfecting legislation system is to perfect the non-imprisonment punishment system of heavy medium of heavy, in the legislative system, combined with our existing non-imprisonment punishment as well as the type of the relevant foreign legislation present situation, the non-custodial penalty system is as follows: one is the penalty of restraining freedom, including control, community service; the two is the property punishment, including fines, confiscation of property and good assurance; three is the qualification penalty, including restrictions on rights, deportation, the military rank deprivation, deprived of certain honor, are prohibited from engaging in particular occupation, barred from the specific duties. In the perfection of non custodial penalty execution mechanism, first of all need to integrate the non-imprisonment execution resources; followed by the establishment of criminal execution to the administrative department of justice principle, which requires the non-custodial penalty execution, to highlight the judicial administrative departments in the non-custodial penalty enforcement role, non-custodial penalty reform, should highlight the judicial administrative departments in the non-custodial penalty enforcement role; at last, from the institutional settings, work function, work way three aspects to improve, in order to establish special non-imprisonment executive team. In the perfection of non imprisonment punishment supervision mechanism, we should perfect the Non-Imprisoned punishment supervision main body-procuratorial authority; second is the attention of Non-Imprisoned punishment other supervisory power, including all levels of the NPC's supervision, citizen's supervision and the supervision of public opinion. The non-imprisonment punishment system reconstruction, the non-custodial penalty in China no longer stay at the initial stage, but to the depth direction of development.