View Of Penalty And Penalty System In Legal Sociology

With the forming of penalty system, different theories about it have emerged in endlessly and debates within them have never stopped. It's the debates that make penalty theory get to be more scientific, rational and practical.Legal sociology is an embranchment subject of law science arose in western countries during the period of the end of 19th century and the beginning of 20th century, which studies the relationship between law (a social phenomenon) and society through ways of sociology and tries to solve the comprehensive legal problems in social life and far-ranging social problems involved law.Directed by the study purpose of legal sociology, this thesis starts from the legal socialization theory of legal sociology and tries to analyze penalty theory and system by using achievements of former scholars for reference. This thesis also analyzes the actuality of penalty system in our country and puts forward some suggestions in reforming and improving it.Firstly, this thesis introduces and explains the basic theory of legal socialization in legal sociology. If socialization is the process for an individual to grow into a social person and to obtain sociality, legal socialization is the process for an individual to grow into a legal person from a common social member through active or passive study of legal criterion and legal culture. Legal socialization of a person is a complex process running through the...