Retaining And Perfecting The Punitive Damages System In China

The limiting freedom punishment is different from physical punishment and deathpenalty, also from the deprivation of liberty that is as same as the freedom of criminalpunishment, the inmates still live normal daily life in the community, continue toengage in the original occupation, maintain normal social and family relationships. Ofcourse, they must receive some special legal restrictions, lose certain social benefits.Currently, there are many countries whose criminal laws have restrictions on thefreedom, but the name is different. Britain and America called it the protectionobserved, community service orders, while the criminal law of former Soviet Union andEastern European countries called it labor reform not deprived of their liberty. Judgingfrom the ideological basis of the penalty, the limiting freedom punishment isinseparable from mitigation of punishment and the social trend, theoretically itabandons the concept of punishment of offenders and revenge, and think the mainpurpose of punishment is to prevent crime, guard against crime and eradicate crime.Because of this, the crimminals should be educated, rescued, and turn them away fromcrime so as to return to society. Since then, the limiting freedom punishment emerged.The public surveillance is original creation of our country, but it does not deprivethe liberty of criminals but makes them educate and transformation conditionally insociety, which is the only limiting freedom punishment. At the beginning ofestablishment of the public surveillance, it has played an important role on fightingagainst counterrevolutionaries and obtained the liberation war and consolidated the newregime. But since the modern times of China, especially since the reform and openingup, the modern social situations developed rapidly, problems exposed by publicsurveillance are incompatible with the requirements of construction of rule of law.Because of this, the academic circles have the vioce to repeal the public surveillance,but the public surveillance as a restriction of freedom has its unique features andsignificance, and the most right choice to preserve and improve the public surveillance.This article would start to discuss from the aspects of the development process,meaning, features, functions, values and practices that exist in today’s judicial practice,and put forward proposals to improve our regulatory punishment, making it play ontheir effectiveness better.