Elaboration About Accomplishment And Criminal Punishment Adaptability

The fundamental characteristics of criminal punishment include certainty andflexibility; however punishment adaptability can buffer the intension between them.This paper brings out its arguments that criminal adaptability is the fundamentalcharacteristics of both criminal adaptability and nomocracy after scientific outliningthe conception of criminal punishment adaptability and discussions about the corecharacteristics of modern society.Criminal punishment adaptability focuses the analysis and solution of thepractice as well as a systematic argument logically by itself, which can also fulfill thevalue orientation of criminal law upon practice. As the fundamental characteristics ofcriminal punishment, criminal punishment adaptability should play a more importantrole in the construction of modern nomocracy. So far criminal punishment haschanged gradually according to the development of society, which requires thatcriminal punishment adaptability adjusts in three dimensions of criminal legislation,discretion and enforcement.Among the above mentioned dimensions, criminal legislation is the foundationmeanwhile discretion is the crucial part, and enforcement is the guarantee. Criminalpunishment adaptability requires its embodiments in the three dimensions. Criminalpunishment enforcement forms the final links of criminal jurisdiction as well aspractical and realization links. Based on the above reasons, criminal punishmentadaptability can be achieved ultimately by criminal punishment enforcement.This paper is formed by introduction, inclusion and five other parts with about180,000words totally.This paper starts its argument about criminal at the beginning and puts forwardthe discussion about criminal punishment characteristics which includes the economic efficiency, necessity and possibility of criminal punishment. This paper comes up withthe thesis that criminal punishment characteristics exist in both necessity andflexibility of law with further argument that criminal punishment characteristics are itsnecessity and flexibility. This paper focuses the argument about conception, feature,effect, value, the problems existed and the dialectical relationships. Criminalpunishment adaptability can ease the intension caused by the characteristics logically.Certainty of criminal punishment includes criminal legislation, applicability, stabilityof criminal types and structure, practicality of criminal law and so on. The flexibilityof criminal punishment at least includes obscure, applicability etc.The author makes the argument that there are four fundamental characteristics ofmodern society which are open, tolerate, diverse and changeable. Thosecharacteristics also satisfy the requirement of adaptability to certain extent.Adaptability can cover those characteristics by itself, so adaptability becomes the coreof modern society. This paper focuses the arguments about the necessity andfeasibility of the criminal punishment adaptability. It comes up with the propositionthat criminal punishment adaptability is the core of punishment and criminalnomocracy after outlining its connotation, denotation and the five main relationships.According to the problems of criminal punishment of China such as less variety,simple and less flexibility as well as transverse comparison of different countries, thispaper points that it need to make adjustment in two-level of criminal and socialdevelopment. Such reasonable adjustments exist in proportion of capital punishment,life sentence and imprisonment, control and forfeit etc. This paper points out thatadjustment of criminal punishment adaptability should be made in statutory sentencelegislation by equilibrating certain sentencing based on the reasons that less balancedsentence, certain sentence mode. It points the adjustment of statutory measurementcircumstances of sentencing should be made in circumstances of “should”and “may”,heavier, lighter and mitigated punishment and exempted from punishment andimproves the “may” circumstances into “should” circumstances. It also points thatstandardization should be applied to the judicial interpretation and standard made bylocal authorities. This paper proposes the views about sentencing model, starting point of sentenceand basic sentence adjustment after analyzing them and the model stipulated in “theinstruction”. This paper makes the suggestion of improving the adaptability ofcriminal punishment from the five levels, which are investigation, hearings, victims’opinion, criminal fine exchanging and perfecting of sentencing. Meanwhile it alsopoints out that five relevant issues should be considered in sentencing such as theeconomic situation of convicted, and the employment of fine, compensation made bythe convicted and understanding of the victims, the volume of prisons and problems incommunity corrections and the opinion of the mass. At last, the adaptability shouldalso apply to the subject and procedure of the relevant systems.This paper makes a critic comments on the view of “sentencing couterspellcondemned” and discuss the adaptability of sentencing fairly by analyzing thedifferences of sentencing. In the paper, the author has the points of view thatsentencing difference can be corrected at least in three ways in the procedure ofsentencing, in which the interval and range of punishment commutation are controlled.To some extent, parole and pardon can also play the same roles.This paper points that the problems existed in the commutation are thecircumstances, interval, range, the right of commutation and the procedure and so on,which can be fixed by legislation those problem mentioned above.The paper analyzes the problem of bottleneck of the parole institution, which islittle implement and “no parole”clause in Criminal Law and can be changed byadopting the criminal punishment adaptability including increasing the ration ofparole used, modifying the related law, the character of the convicted before paroling,establishing hearing institutions and the prevention system of the parolees.In this paper, the author makes the clarifications of pardon and also points outthat the stipulation of pardon is too brief and only exists in name only which causesthe little application of pardon actually, besides the absence of diplomacy andforeign-affairs concerned judicial systems. The adjustment of pardon should made byincreasing the varieties and scope, standardization of pardon procedure. This paperdiscusses the risk of habitual criminals by investigation and case interviews and makes the suggestion of establishment and construction of evaluating institutions ofcommunity correct. The evaluating institution should be applied to form the completesystem in three phases: before verdict and community correct is removed and aftercommunity correct decision is made, which requires the evaluating of the criminals inevery phase. Besides, to satisfy the imminence of criminals evaluating, the authorsuggests to make experiments by designing the table of “risk evaluating on habitualcriminals in community correct (draft)” in different places.