Study On The Mitigation Of Punishment

The mitigation of punishment is an eternal topic from the birth of punishment to the present,which refers to the development of the country’s legislation and judicial provisions and application of punishment in the direction of mitigation.In the long history of punishment,although there have been cases in legislation and judicature in which the current penalty is heavier than the previous one,it is an undeniable development process in general.For example,in the Xia Dynasty,the five punishments of Mo,Ke,Ke,Gong,and Dabi not only made the criminals without dignity,but also made them extremely cruel in execution.Now,the criminal law stipulates that the main punishments include control,criminal detention,fixed-term imprisonment,life imprisonment,and death penalty.In addition to explicitly depriving the criminals of their political rights,they also retain their political rights,and gradually expand the most severe execution of death penalty The execution mode of injection is widely used,and the execution mode of humanity is used as much as possible.There is a certain relationship between the development of the mitigation of punishment and the needs of national governance,ideological changes and foreign influences.Based on the needs of national governance and the purpose of punishment in the new era,this paper studies the mitigation of punishment,which is divided into four parts:The first part is to make clear the meaning of the mitigation of punishment and the essence of punishment.As long as the punishment exists,the feeling of punishment is painful,although the pain is being alleviated;analyze the historical evolution process of the mitigation of punishment,summarize the development direction and possible law of the mitigation of punishment;analyze the value of the mitigation of punishment,because it has value It’s worth studying.The second part analyzes the legitimate basis of the mitigation of punishment,including the theoretical basis and the practical basis.First,people should be able to accept the mitigation of punishment ideologically,have the spirit of humanitarianism,and criminals should also be treated properly.The role of punishment is limited,and can not fully inhibit the occurrence of criminal acts,which is also the reason for the existence of punishment.Reality The basis includes the economic basis,cultural basis and criminal policy.The economic basis determines the superstructure,and the penalty mitigation should conform to the mass culture,which can not be achieved only by the efforts of a few jurists.It isjust to conform to the needs of nationpolicies and the development of the times.The third part analyzes the current situation of the development of the mitigation of punishment.Relatively speaking,the development of the mitigation of punishment in some developed countries in the international community is faster than that in our country.According to incomplete statistics,two thirds of the countries in the world have abolished the death penalty at the legislative or judicial level,and the socialization of non custodial punishment and execution of punishment has also developed rapidly.China still needs to increase the severity of punishment in legislation and justice Slow speed.In the fourth part,the author analyzes the existing problems and puts forward the targeted solutions.The construction of national rule of law needs the participation of every citizen,and the development of penalty also needs the efforts of every citizen.There are still many death penalty provisions in China’s criminal law,but few of them are applicable to control,detention and probation,which is a bit of a fiction,resulting in a high rate of free sentence.First of all,the development of the reprieve of punishment in our country should be changed from the provisions of criminal law.It is not in line with our national conditions to abolish the death penalty directly,but we can gradually reduce the charges of death penalty,improve the application rate of control,detention and probation,and realize the reprieve of punishment.