Study On The Modernization Of Punishment

This dissertation is devoted to the study on the modernization of punishment, which aims to describe the historical course, analyze the logic, and forecast the future trend of the modernization of punishment. On this basis, this dissertation puts forward system design of the modernization of punishment in China.Chapter one describes the historical course of the modernization of punishment. The historical course of the modernization of western punishment is divided into two stages. Firstly, from the late 18th century to the middle of the 19th century, as the punishments in the pre-penitentiary era got into a mess, it gradually went to the penitentiary era. Secondly, after the middle of the 19th century, the penitentiary got into a mess, and it gradually went into the open punishment era. But there were conflicts between the ideal and reality of the open punishment.“Whither punishment”became a problem which must be faced up after 1970s. Unlike western countries, the modernization of Chinese punishment began from a reform movement on western templates. And the historical course of the modernization of Chinese punishment under the ruling of the Communist Party is divided into two stages. Firstly, from 1927 to 1978, the punishment was guided by Marxism, Leninism and Mao Zedong Thought with Soviet templates for reference. Secondly, after 1978, the punishment of the first stage and the punishment with western templates for reference existed side by side.Chapter two analyzes the logic of the historical course, which aims to find out the motive forces of the modernization of punishment. The existing studies are classified into four types: economic analysis, political analysis, cultural analysis and social analysis. After investigating these four types, this dissertation argues that the atomistic theory and the subject-object division theory should be avoided; and the modernization of punishment has more than one motive force. The major characteristics of these motive forces are: unification of economic motive force’s deciciveness and other motive forces’comparative independence; unification of rule and aim; and unification of direction and diversity.Based on the conclusion of Chapter two, Chapter three forecasts the future trend of the modernization of punishment. This dissertation argues that the economic, political, cultural and social motive forces point together to“the democratic rule of law”nowadays. Accordingly, restorative punishment gets developed in punishment practices. The key ideas of restorative punishment are: empowerment - participation; shaming - reparation; identification - reintegration. This kind of punishment is more suitable for“the democratic rule of law”than the traditional punishments, and stands for the future trend of the modernization of punishment. After that this chapter investigates the restorative punishment in practice.Chapter four constructs the restorative punishment system in China. According to the logic and the future trend of the modernization of punishment, the Chinese system of the restorative punishment must stand the positon of“the democratic rule of law”. Based on this position, this dissertation explores the formulation, measurement and execution of punishment in the restorative perspective.The last part is the conclusion.