A Study Of Short-term Freedom Sentences

As the two most important subjects of criminal law,the theory of crime and the theory of penalty have always been a hot topic of discussion in the field of criminal law.With the development of international criminal law,people pay more and more attention to the value of freedom and human rights.Therefore,in the process of penalty implementation,the legitimacy and rationality of the application of some penalty measures that violate human rights,life and freedom have caused more and more debates.Penalty is one of the most severe punishment measures,according to the deprivation of the criminal’s legal interests are different,divided into property penalty,qualification penalty,free penalty,body penalty and life penalty five kinds,so the short term free penalty is part of the free penalty.Since the ancestor of criminal anthropology,the famous Italian criminal jurist lombroso first questioned the short-term free punishment,believing that "criminals gather in one place,mutual habit of evil,increase the crime",criminals are prone to cross infection of crime in prison.Since then,the pros and cons of short-term free punishment have been in dispute for more than 100 years.This article mainly from two aspects of short-term freedom penalty legislative and judicial to analyze its present situation and existing problems,these problems mainly include education transformation function is weak,poor general prevention and special prevention effect and prone to cross infection between criminal phenomenon,easy to produce "tags" effect,etc.,with also put forward a series of relevant alternatives and perfect measures of short-term freedom penalty.Through studying the reform measures of short-term free punishment outside the region,we can obtain the enlightenment of short-term free punishment reform in China,and then put forward perfect Suggestions from the macroscopic theoreticalbasis to the microscopic concrete measures,so that short-term free punishment plays the maximum role in the penalty system of our country.