The Improvement Of Criminal Detention Punishment

As a principal penalty in criminal law, criminal detention punishment has its own particularities on executive treatment and enforcement organization, and it belongs to short-term imprisonment. To be a punishment matched to crime which is minor harmful to the society, criminal detention should play to the advantages of light punishment, effectively achieve the purpose of prevention contained by the penalty. However, what criminal detention performs did not reach the expectation of legislator. Due to the executive defects of criminal detention, many scholars advocate that it should be abolished. As a matter of fact, in author’s opinion, there are no defects on criminal detention itself, the true problem which can be surmounted is the inadequate of executive organ. The best improvement of criminal detention is retained and reformed.This article is divided into four parts, the first part is an overview of the detention punishment, including the historical evolution and the applicability of the punishment.The second part focuses on the defects of criminal detention punishment, such as the problem of executive treatments and executive organ.The third part describes the detention punishment should be retained and improved while argues that the various reasons make this reformation start. Besides, the author persist on that detention punishment can’t be abolished.The fourth part discusses the improvement measures of detention punishment, including improving the pre-trial detention mechanism, flexible means of implementation, strict the detention punishment sentence and improve probation, so on.