Research On The Deterrence Of Criminal Punishability

Starting from the new regulation in the 4th paragraph for crime of tax evasion in article 201 of current criminal law, the author of this paper summarized similar regulations in existing criterions of criminal law by trying to conclude the concept of the deterrence of criminal punishability. As this is a brand-new concept, this paper is compiled to clarify where the connotation and characteristics of this concept are positioned in the theoretical system of criminal law; a discussion on the effect of entity and procedure is included to make the research subject of this paper operable both in theory and practice. Nevertheless, statutory authority, effective restoration of legal interests and concreteness of stop causes of criminal punishability are combined to explore the deterrence of punishability, which can be integrated with specific crimes, from administrative crimes which have the implication of criminal policies and crime types with restorability, in order to provide possible basis and direction for extended application of deterrence of criminal punishability.By the thought of raising, analyzing and solving questions, systematic methods are adopted to seek for a reasonable foundation for the new concept to be established in system of criminal theory and possibility of practice. In section 1, concept and characteristics of the deternnence of criminal punishability are concluded basic on summary of legal characteristics ; in section 2, efforts are made to seek for a reasonable location for this new concept in the system of criminal law; section 3 and 4 provides a discussion on the value and necessity of this kind of causes from entity and procedure; section 5 explores the possibly applicable criminal types of deterrence of criminal punishability and extension of related theories by various analytical methods.By the analysis and discussion on theories of related categories as well as determination and analysis on confusing concepts, the author of this paper has clarified the basic category of deterrence of criminal punishability mentioned in this paper. Such causes are finally determined as the ones which must be decided in the system of criminal theory and are punishability-free, concrete, legal and of effective restoration value of legal interests, and thereby distinguished from illegal deterrence, liable deterence and diminishing factors of criminal punishment. The author of this paper has sorted out possibly applicable criminal types to make this concept widely applicable.Conclusion: criminal punishability deterrence are the summary fondation on some new legislations and a component part of criminal theories in criminal law and eliminating reasons of punishability determined after criminal components are proved to be true. It has individual significance in the application to entity and procedure. The value of this topic lies in that the discussed criminal punishability deterrence is a positive and effective restoration of legal interests with its reasonable basis, alleviates the social harm of crimes, provides a possible path for legal orientation of criminal policy, and serves as an additional referable theoretical tool for the research on criminal policy.