History Of The Neoteric And Modem Criminal Sanction System

In recent years, under the"Criminal Punishment Evolution"theory, the Criminal Sanction system reform has become a hot issue. And the transplant of Community Correction system is high hoped to solve many problems of the Chinese Criminal Sanction system as a panacea. However, when addressing the evolution of criminal sanctions, Scholars pay more attention to the influence of the humanitarian spirit and development of the penalty theories. But some people study the nature of the evolution of criminal sanctions on the grand historical background in Western countries all times. With the Pedigree methods to study and the basic analysis tool which called "the Power of Technology" by Foucault, this paper hope to find the reasons of the advancement of Criminal Sanction system in its development path since the 18th century. And the purpose is to make some comments to it which reforming the system of Chinese current Criminal Sanction system and building the Community Correction system.Chapter 1: The Imprisonment replaced the cruel and exoteric criminal sanctions system in the history of medieval in the 18th century. From European penal reform, it can be found that a sentence of Imprisonment is so different from the theories addressed by the scholars at this times, Moreover, as early as in the practice of these penalties was earlier than these theories. In fact, the changes of the criminal sanctions system because the cruel and exoteric criminal sanctions system caused social unrest at the time. The sentence of Imprisonment is the result of the simulation of discipline mechanism Prevalent in the community, and it suit the collective consciousness Since the first division of society.Chapter 2:This part is about the history of Security Measure in the law and in the practice. A lot of security measures appeared consecutively in the age of Imprisonment. The measures are mostly earlier than the educating punishment theory and large-scale legislation of security measure. They composed a grand "Continuous Jail Continuum " with Imprisonment Punishment, and disciplined the actors from the most serious crimes to the minor transgressions . In the imperialist stage, the governments need a new sanction measure to solve the serious social problems with capitalist development, which must be more effective and convenient than the old criminal sanction system .This is the most important reason about the security measure coming into law. The educating punishment theory backed the new legal penal system, and gave them a proper explanation. Chapter 3: Building and advancing of community corrections. This is the core of this dissertation, and this Chapter is divided into six parts: (1) summary of community corrections; (2) the relations about Imprisonment and community corrections; (3) The social conditions of Community Correction: Mature of"discipline society"changes of the collective consciousness; (4) study of the reasons which Community Correction building and advancing in American history with the Pedigree methods;(5) Recent changes of crime control strategy and the functions of Community Correction in bipolar criminal policy; (6) The essence of Community Correction: a sort of punishment sanction measure, rather than methods of penalty executionChapter 4: How to reform the Punishment Sanction system in China. Along with the way in the previous article, this chapter analyzed the problem of the Chinese Punishment Sanction system reform and the development of the Community Corrections. At first, this chapter analyzed the problems that exist in the Chinese Punishment Sanction system, and introduced the practice of Community Correction in some place. And then, this paper focused on the social base of Community Correction in China. Finally, this chapter discussed the way which to reform Chinese criminal sanctions system, and A two-step proposal was given.