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Taik About The Our Country The Exstence Of Short-term Freedom Penalty Value And Perfect Measures

Posted on:2012-02-18Degree:MasterType:Thesis
Country:ChinaCandidate:X WeiFull Text:PDF
GTID:2166330332497636Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
In the world of short-term freedom penalty punishment history has important role once, as the 19th century criminal positivist jurisprudence pie, and gradually rise of contemporary education penalty prevailed, it begins to be most the implementation effect of the criminal law, have been questioned about the pros and cons of short-term freedom penalty, constitutionality problems began to debate warm. In our country, the system of punishment of short-term freedom penalty which is one of the important content, but because the advantages and disadvantages of short-term freedom penalty concerned should be abolished or are in the front, and criminal reform in the schools in the criminal law scholars began to explore his way out, but most of them are from the Angle of substantive law to explore the feasibility of the problem, such as punishment alternative measures and change execution style and etc, this paper the author attempts to from program level resources to research how to control of short-term freedom penalty launched s.a. and seek to avoid the malpractice of short-term freedom penalty system of the construction, to clear of short-term freedom penalty repeatedly several basic problems, which is used to control the minimum range in malpractice. The author discusses the following several parts of short-term freedom penalty problem:The first part based on the historical development of short-term freedom penalty detailed investigation and review process, presents everybody about the historical development of short-term freedom penalty, it actually experienced embryonic stage, prosperity stage, controversy and reform the three main stages. Stage Through to its history development status of investigation to further define the concept of short-term freedom penalty, also answer specific about standard of short-term freedom penalty, points out of short-term freedom penalty conviction, declared fatah devices and implement the punishment of the meaning of such multilayer, in reviews of short-term freedom penalty after a variety of theories, the standard that China's definition of short-term freedom penalty standard, should refer to below one year, the deprivation of freedom penalty concrete and including criminal detention and year imprisonment.The second part, the author of short-term freedom penalty chinese-foreign about abolishing a variety of viewpoints and theories of controversy, gave us showing the history of short-term freedom penalty. And situation problems The advantages and disadvantages of short-term freedom penalty abroad of abolishing can be roughly classified into three schools:that is abolished theory, keep theory and eclectic theory. And our country about the pros and cons of short-term freedom penalty should be abolished or are mainly for criminal detention punishment on the problem of our country criminal law system, the other of short-term freedom penalty dispute is not competitive. For the enduring theory for the author to calm its characteristics, analyzed the investigation of short-term freedom penalty abuse have a common and special ills, congenital and acquired the classification elligently.The third part discusses the existence of short-term freedom penalty, analyzes the reserves value of positive aspects of short-term freedom penalty, and discusses the three fundamental principles of criminal law, they were adapted punishment principle, humanitarian and punishment individualized punishment, they were called the principle of short-term freedom penalty is reserved three cornerstone.The fourth part is the main body part, this paper put forward in this part of the position:the ideas of your own that cannot be cancelled in recent years in the background of short-term freedom penalty of short-term freedom penalty under to its perfect hand should be retained and try, puts forward the improvement measures of short-term freedom penalty-program cybernetics.
Keywords/Search Tags:Short-term Freedom Penalty, Program Control, Drawbacks, Value
PDF Full Text Request
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