The Outline Of Chinese Depenalization

The outline of Chinese depenalization take hold of Chinese depenalization as the angle of view ,explore and analyze its state of existence in China depenalization is criminal phenomenon which directs the development of Chinese criminal law, is the reflection of thought of lightening the crime in the field of criminal sanctions. The whole article includes seven parts: The introduction .In this part, it is believed that the Chinese depenalization is a question with humanitarianism during the process of offence penalty ,it isn't the imitation of foreign depenalization, but arises according to the situation of Chinese of heavy penalty and its main purpose is lessen the pressure of criminal law. The concept of depenalization can be defined in a broad sense and narrow sense .In fact ,the depealization in broad sense is the general call of decriminalization depenalization and deprisonizaion but the depenalization we talk about in this essay is in narrow sense ,for the offenders ,they should take criminal responsibility outside or have personal ganger ,we use criminal sanctions methods of the penalty to realize the society defense with criminal law. So Chinese depenalization can be achieved by declaring offense simply, non-criminal punishment and safety disciplinary measure .And the development of Chinese depenalization is based on not only the choice of its systems but rely on belief which people believe in the idea of depenalization Chapter one. In this part ,this essay takes the track back to its origin of development, foreinspect the value of penalty by considering Ansell's new society guarding and comprehensive textual research of its ideal and reality ,so we can put forward the concept of penenalization clearly. In China, depenalization is not with the same pace of criminal reform in the whole world. Depenalization penetrated into Chinese criminal law theory until Western depenalization progress went to its end . And belief in criminal law's civilization which was established when criminal law was reformed at the end of Qing Dynasty is the necessary source of the Chinese depenalization progress .By comparing Chinese criminal law in 1979 with in 1997,we explore performance of depenalization in Chinese criminal law. Chapter Two .In it the article tries to grasp Chinese depenalization's deep meaning through two parts : to analyzed depenalization construct the frame of depenalization and make the theory of criminal sanction and depenalization. During interpreting it , we can know depenalization is at first a nature or state by analyzing its meaning , it transforms the system with criminal sanction quality or state into the system without it . On it depenalization is a new trend to realize criminal sanction purpose, is a new way to make criminal law like a civil law is a kind of new thought to realize the punishment toward offender. Chinese depenaliztion balance the its harm to society and person's danger .It lessens its probable conflict between two with its deep meaning of forgiveness. Finally, to realize its unity of declaring offence and non-criminal punishment. In establishing the criminal sanction and depenalization theory .At the beginning ,we discuss the impact of criminal sanction and depenalization , and analyze the relationship of criminal sanction and delay offences ,punishment of depenalization sanction .So we advocate the Chinese reestablishment of the criminal penalty an put the criminal penalty which was taken as the method of criminal responsibility, the penalty punishment declare offence simply and the safety punishment which considers people security as the fair pillar in criminal penalty system. Chapter Three .In it ,the essay tries to make clear about depenalization's similar concepts and its relative concepts and then learn ---problems comprehensively, the similar concepts of depenalization are decriminalization and deprisonization. Decriminalization is not to take the behavior which was considered offense as crime until now and then stop punishing. Depenalization is to make behavior out of criminal law behavior is not viewed as criminal who did it doesn't take any responsibility. But depenalization doesn't mean thechange of evaluation on some behaviors. It just changes some dealing methods from the consideration of criminal policies .Deprisonalization includes deprisonization in the process of criminal judicature. Judicial deprisonization is to regard criminal penalty out of prisonizing as the method of taking criminal responsibility, judicial deprisonalization and depentalization got partial coincide , depenalization enforcement of law refers to a state which person's behavior has constituted crime and under the circumstance of being deprived the freedom ,the additional terms are not carried out or be carried out of prison and other prisonal setup. Deprisonalization of enforcement of the law and depenalization are the phenomenon that are produced in different criminal procedure ,the former happens in taking punishment ,the latter is embodied in judicature .The relative concepts with depenalization are penal code with civil appeal and labor correction. It is difficult to make clear of the sentence compensation for economic loss, in penalty with civil appeal and order to compensate the loss in depenalization penalty the former is on the premise that gives the criminal punishment it applies to the condition which crime takes the loss to the injured party, the latter is on the premise that it is abatement and exemption from penalty, it isn't only the taking method of civil responsibility, but the realizing way of criminal responsibility, labor correction applies to many things ,the first one is to violate social public order management, and doesn't correct itself with much teaching, applies to regulations of public order which doesn't work .The second one is light crime , it needn't criminal penalty, and is suitable for the conditions of labor correction. To remold the labor correction we can think about it as following: about the first object to bring into security punishment system on the basis of omnibearing reforming the labor correction, to the second object we replace labor correction with depenalization. Chapter four .In chapter four it discusses the theoretical basis of depenalization by rational analyzing it, depenalization comes from the constant renewal of fair ideas and implements the fair ideal of the law through specific realizing methods and the criminal policies that come from reality provide the supports for depenalization. As a law phenomenon depenalization is given the policy intension, the penal modest idea, penal economic idea,penal specific idea, penal humanistic idea and penal educational idea, they together lay a theoretical foundation of its development. Penal modest idea is the embodiment of the degree of punishment, deny the thought that heavy punishment is superior to light punishment, it advocates that according to social fairness and utilitarianism, it applies to depenalization sanction measure .Penal economic is a mode of thought which takes the best relationship of penal sanction cost and profit as the content. Depenalization improves criminal law source's benefits in the process of reducing penal sanction cost. So on one hand depenalization expresses the nation's denial evaluation to crime, realizes the fairness and justice , on the other hand from the offender it gives the directed punishment for its personal danger .Penal humanistic thought is the theoretical source of lessening the penalty and finally realizes depenalization, it focuses on person's right .Penal educational thought got its educational purpose through its process of punishing the offender .As a state of existence depenalization is directed by penal educational thought, it takes the education to the offender as main purpose and avianizes penal sanction's punishment part, strengthens the possibility of the offender's coming back to the society. Chapter five.In this part it is on the premise that generalizes the state of foreign depenalization, it discusses the realizing way of Chinese depenalizaion. In exotic countries, they often take the concept of depenalization in broad sense and in the process of its development they widen its original field gradually. The realizing methods of Chinese depenalization includes: declaring offense simply depenalization sanction and security punishment .Declaring offense simply implies in Chinese criminal law term 37---to those who make light crime needn't penalty and be exempted from it. We declare its responsibility and look on it as the way of taking criminal responsibility. Embodied in Chinese criminal law about the term dissolution of punishment. It is divided into two parts: declare offense absolutely and relatively. Depenalization punishment is to those who are exempted from penalty we will give other punishment on entity, it is explained by the regulation in Chinese criminal law Term 37, "if the circumstances of a person's crime are minor and do not require criminal punishment, he may be exempted from it;however, he...