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The Pattern Of Punishment And The Control Of Crime

Posted on:2002-02-04Degree:MasterType:Thesis
Country:ChinaCandidate:R L WangFull Text:PDF
GTID:2156360032457255Subject:Marxist philosophy
Abstract/Summary:PDF Full Text Request
Crime is the fore cause of the existense of punishment. Punishment is the legal result of crime. The core relationship between crime and punishment is to attain the result of the crime contro~ through the goal and function realiazation of punishment.So the best result of crime control depends cruoialy on the effective goal and function real iazation of punishment. As far as punishment is concerned, we should select the best kind of punishment pattern.What we cal led "the pattern of punishment" is type or model. It is a thought framenient which involves in pattern of request, type of experience ,premised phi 1 oserphy hiypothes i s (thought of pun i shmcnt), background knowl edge category, fashion of theory conformi ty, academy model iii crime research . The pattern of punishment is comprised of the circle of punishment and by the quantity of punishment. the circle of punishment is the scope that use punishment means to punish criminal behavior under the stipulation of a country' s penalty law .The character of it is strict or not strict, it emphasizes on the scientific reasonabi 1 lty of punishment net. The quantity of crime is, under the scope of the circle of punishment, the quantity and the intensity of punishment for the criminal behavior. The character of ii. is rigorous or not rigorous. It emhpasizes on the quantity and intensity of punishment. There are four patterns of punishment through the coordination between the circle of crime and the quantity of crime.They are strict and rigorious, not strict awl not rigorious, strict hut not rigorious, rigorious hut not strict patterns of punishment. We can discover through our theorial analysis that strict hut not rigorious pattern of pun I shmen t has conspi cious advantages and functions.The control of crime is to prevent an(l control the current and futural behavior of crime.The essence is the effective realization of goal and function of punishment. To get the best benefit of crime control, It must depend crucially on the select ion of crime pattern. hInt selection of crime pattern must connect with the policy of penaltv.We must analyse current theorial quarrel onpuni shmont 1 i ght eni ng and puni shtnent wei ghteni ng" , onl y in thi s way can we get2the best pattern of crime. The tendency of penal ty policy requires the strictness of the circle of crime, the lightness of the quantity of crime .So, strict but not rigorious pattern of punishment can attain the best result of crime control.It is a period from not strict and not rigorious to rigorious but not strict, and to strict hut not rigorious, and also a period from simplicity, perception to reasonability, complexity in Chinese pattern of punishment. There also exsists the quarrel of "punishment lightening and punishment weightening" in our legal circleI prefer to pntii shment Ii ghteni rig , because we have the poi i tical foundation, economical foundation and legal founclat ion for the punishment lightening. But I pre fOr to connect puni shment ii ghteni rig wi t.h tIle control of crime, the condi tion of crime. We should stipulate a series of penalty policy through the scientific understanding of the condition of crime to perfect a certain pattern of punishment, So we can in the long run and fundamentally rule and control crime effectively, arl(] can attain the best result of crime control.
Keywords/Search Tags:Pattern of Punishment, Crime Control and Punishment Pattern, Chinese Crime Control and Punishment Pattern
PDF Full Text Request
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