Research On The Change Of Penalty Structure In The New Criminal Law Amendment

Since the 21 st century,our country society is facing very serious criminal situation,our penalties are gradually revealed in the "limited nature" of crime prevention and punishment of crime,the problem of criminal law benefit is also declining.In view of this,the reform and perfect of penalty structure not only by the academia,and more and more get the attention of the national legislature.Some scholars pointed out that the penalty structure refers to the proportion in the allocation of the penal system.But the penalty structure is not a simple pile of various types of punishment,penalty is also a system of structure,it is composed of many elements,according to the theory of "optimization of integral function is greater than the sum of each part function",Punishment within the various elements of organic union,and forming a good operation of the structure,the function and advantage of the penalty could be fully exploited.In order to reform and perfect the penalty structure,we not only need to fully understand the provisions of the existing criminal law,but also should understand the changes in the structure of the penalty in recent years,Especially the impact of the promulgation of the Criminal Law Amendment(8)in 2011 and the promulgation of the Criminal Law Amendment(9)in 2015 on the structure of our penalties.By combing and analyzing the Criminal Law Amendment(8)and the Criminal Law Amendment(9),we can see that the penalty structure in our country has changed obviously in recent years:First of all,the reduction of the death penalty,the death penalty in the proportion of the penalty structure is getting smaller and smaller,the death penalty in the penalty structure of the central position gradually eroded;Secondly,it increased the maximum penalty of free,the connection between the free penalty and the death penalty is more closely,and the situation of "sentencing is too light" is changed to a certain extent;Through the improvement of the control of punishment,promoting the free punishment "light and orderly" more scientific and reasonable.Thirdly,the scope of application of the fine penalty is expanded,and the improvement of the recovery system,so that it improved the status in the penalty structure;Finally,"community correction","injunction" and "prohibition of engaging in related occupation" have stipulated in the criminal law,So that the scope of application of non-custodial penal penalties further expand,and promote the socialization of execution,but also to the overall structure of the penalty to the direction of light.Of course,we have to see some of the problems in the current penalty structure,such as: Our country is still a heavy penalty structure,lacking of punishment types of penalties,types of penalties configuration imbalance,amplitude imbalance penalties and so on.The reform and perfection of the penalty structure in our country should be guided by the systematic theory,it should be based on the present situation of the penalty structure in our country,taking the experience of the reform of the western developed countries as a reference,accurately grasping the course of reform and improvement of penalty structure.At the macro,we must clear the future direction of China’s penalty structure in the general direction,that is,we must adhere to the road of lightening.At the micro,we should take into account the reality of our country’s punishment and penalty structure,China should adhere to the unipolar development direction.In a specific adjustment path,we must adhere to the types of punishments and the reasonable adjustment of the penalty range to promote the optimization of the penalty structure,including: first,to increase and improve the qualification penalty as the core of the types of light punishment;second,to further reduce the death penalty,rational allocation of freedom Third,to further expand the scope of the fine penalty to improve the fine penalty in the penalty system in the status;Fourth,harmonizing the legal penalty between the crimes and reasonably division of the scope of legal punishment.