Research On The Prescribed Punishment Of Thieves And Burglars Offense

The thieves and burglars offense is one of the so familiar crime phenomenon that all societies wether at Chinese ancient times or modern society, and also wether in China or foreign country, the circumstance is all like this. Similarly, the Chinese and foreign lawgiver also values very much to punish the thieves and burglars offense, in order to protecting the nation and domestic property rights and maintaining its governance order.This text uses the comparative method to review historically the distribution of the penalty in the past dynasty in our country ,with the angle of studying the prescribed punishment. Then the writer arrives the conclusion that the distribution of the penalty towards the thieves and burglars offense has developed from rigorous to light, from ruthlessness to humanity.Next, the author analyses the distribution of the penalty towards the thieves and burglars offense in such nation as Germany, Japan, France, Italy ,Russia, Canada and Macao of China, Taiwan of China .The author thinks though there are some strongpoint in our penal code such as the lighter prescribed punishment, the restricting the death penalty, applying with the property penalty towards the thieves and burglars offense, comparing the 1997 penal code with the 1979 penal code, there are some deficiencies in our penal code. For example, the distribution of the penalty towards the thieves and burglars offense often tends to violate correspondence principle between the crime and the punishment and breach the equal principle, etc. With regard to the reserving of the death penalty to the thieves and burglars offense in our country penal code, the author expresses his ideas that it should be abolished because it not only does not agree with the rationality of the distribution of punishment but also not match the current criminal policy in theworld.Finally, after the comparative study, the author puts forward the concrete lawmaking suggestion concerning the distribution of the prescribed punishment towards the thieves and burglars offense .