Introduction To Humanization Of Penalty

Humanization is an ethical concept. The essence of this concept is: take human as the subject of ideas, behaviors and systems with a human-oriented principle; the freedom and liberation of human beings, the esteem, happiness, full and healthy development of human should become a major consideration of individuals, groups, society and governments; as subject, individuals and groups should have the qualities including equity, indulgence, honesty, independence, self-improving self-discipline and self-consciousness. Humanization, featuring the advocating subject and value of human and respecting and caring for the rights and equality of human beings, is one of the values in theories of penalty.The humanized penalty discussed in this thesis is to take people as respectable subjects, but not the objects in the punishment system. The aim of punishment is to punish the crimes rather than the people themselves. All punishment regulation should be established with people as the major consideration. The penalty methods are not made out to restrain people by the legislators. The original intention, medium approaches, initiation, discretion, implementation and extinction are all expected to protect the rights of victims as well as the basic human rights and human dignity of the criminals, which should not be ignored. With this idea, penalty will eventually become a humanistic care but with restriction rather than a punishment simply to punish the offenders.According to a general study on penalty, penalty is not merely supposed to be a tool of expiation and reprisal or just to be a deterrence and prevention. With restriction, penalty should be defined as a kind of care regulating human behaviors, which is omnipresent and easily felt. This definition embodies the attribute "good" in penalty. So the idea of penalty is to fight bad with good, stop bad with good, warn good with good and advocate good with good.The value of penalty should be appraised by the practical effects, whichserve as the only standard to evaluate the value of penalty. The value should include:As law and practice is concerned, penalty should accord with its purport to protect the people and maintain the peace of the society. As regard to the society and human affections, the people respect the justice of penalty stipulated by the Criminal Law and acknowledge the dignity of penalty.Since humanization of penalty is a system of values, it has to have a rich content, wide extension, and grand goals and there will be inevitable difficulties in its realization. The realization of humanization consists of two aspects. One is its embodiment in legislation, the other is it realization in judicature. To be specified, it should include completion of legislation, scientific establishment of punishment types, legalization of the initiation and end of punishment, precise of punishment decision and the appropriateness of penalty implementation.Humanization is a comprehensive reflection of law governing, human rights, democracy, humanism, etc, aiming at exerting penalty to its capacity, To build up new ideas of penalty is also a significant subject concerning the socialization, economic quality and opening of punishment. This thesis focuses on the discussion on the humanization of penalty in the expectation to set up a humanized system. Under the guidance of this scientific system, the humanized penalty is to be obtained.