A Brief Discussion On The Non Imprisonment Penalty

Protection of human rights and punish crime, in order to "education, supplemented by punishment," the humanitarian principles of punishment has become an inevitable trend of historical development, but also meet the requirements of the development of the international community, it is a measure of a country’s level of civilization important theoretical standard penalty. With the constant improvement of the rule of law and improve the environment, crime in a certain extent, has been effectively curbed and sanctions. However, the traditional punishment of imprisonment penalty based approach in helping offenders successfully returned to society.while, in turn criminals imprisoned within its walls, so that social isolation, seriously affected the social adaptability re criminals. Tion affected the traditional ideology, many countries and regions are also applicable to non-custodial sentence doubts that the applicable non-custodial sentence can not achieve a good deterrent function of criminal law to punish crime, is not conducive to combating and preventing crime. However, with the further development of humanism, the concept and purpose of punishment Modesty, humanity penalty requires thinking while combat and punish offenders, but should focus on the role of education and treatment of offenders. Non-custodial penalty applies only to avoid cross-infection of criminals, but also to avoid a sentence of imprisonment of closed, saving the cost of justice, in favor of criminals to successfully returned to society.This paper is divided into four parts altogether. The first section begins with a brief introduction to the history of the development of non-custodial sentences, as theorists define the concept of a non-custodial sentence is a bit confusing, so to sum up the first part of this article to give a clear definition on the basis of the theory of non-custodial sentence on the concept of combing. The second part of the sentence of imprisonment for non-custodial sentence and compare the advantages and disadvantages of the article, the need to expand the results of non-custodial sentences in the judicial practice. The third part analyzes the real problem with the existing impediments facing the development of non-custodial sentence and suffered. Finally, although the non-custodial sentence encounter various obstacles and difficulties in our judicial practice, but combined with China’s actual situation, the fourth part of the article are given in all aspects through legislation, law enforcement, legal supervision a specific method to be perfect, I believe that non-custodial sentences in our judicial practice, there will be more room for development.