A Study On The Penalty Of Restraining Freedom

Penalty of restraining freedom is a revolution in the history of freedom punishment. The appearance of the penalty system is for overcoming the defect of short freedom penalty, Which not only presents the overall tendency of light punishment and flexibility in development of penalty, but also the thought of Erziehungssteafe that emerges 20 century and accepted by the public. Penalty of restraining freedom is the reflection of the views on the crime and penalty in the crime punishment relations. The positivist school thinks that the penalty is not retribution of the criminality, but is to protect the society and is to resort or to educate and reform the criminal. The scholar of Erziehungssteafe, which stems from the former, Most of them support of light punishment, probations and flexibility of penalty, so all of them support exhaustively the penalty of restraining freedom had stepped into almost every criminal code, and become the very important part in the category of freedom penalty. Public surveillance of our country, had taken effect positively on the background of particular history. With the time past, it becomes a little backwardness that contrasts with that of the condition of today. Through the investigation of history source, reality and theoretical foundation of penalty of restraining freedom and on the base of analyzing the value, function contained in it, this paper compares the difference of the penalty of restraining between china and foreign, and has reviewed the regret lying in the penalty of restraining freedom in china. At last, the author offered thought and propose about how perfect the penalty of freedom of our country. This article is divided into seven major parts. Part 1: introduction. The author introduced briefly the research purpose and meaning. Part 2: the outline of penalty of restraining freedom. Following, the literacy review of penalty of restraining freedom. The author described briefly the concept and characteristics of it. Part 3: the fate of the penalty of restraining freedom at present. This part introduced the reality about utilization of penalty of restraining freedom in china and the controversy that maintain or cancel it in the circle of theory. At the same time, the author contrasted the tendency that the penalty head for light punishment and probations and flexibility in the world of today. Part 4: the source of theory of penalty of restraining freedom. In this part, the author elaborated the theoretical root, the value implication and the function of penalty of restraining freedom in order to support it. Part 5: legislation contrast of penalty of restraining freedom between china and foreign, the part also discovers advantage and defect of them. Part 6: thought about perfect the penalty of restraining freedom of our country. This part renew the public surveillance of our country, and try to introduce the tendency of single of the freedom punishment, so offer the construction that simplify the penalty category of our country. Part 7: conclusion. Summarizing the whole article the author that the penalty of restraining freedom is a new penalty system, which the positivist school put forward in order to overcoming the defect of short freedom penalty. It presents the tendency of light punishment and flexibility of penalty development.