On The Defects And Complement Of The Structure Of The Criminal Law

Facing the new waves of crime, the penalty suffers an unprecedented challenge. Whether on earth the penalty can contain the crime or not, people feel very doubtful about it. In the front of such situation, the past theories just find the solution from the aspects of penalty's purpose or compound, but until now, the situation of declining efficacy of penalty still continues. So we need find another way urgently. Modern Systems Theory shows us a way to solve the problem of the declining efficacy, that is inner structure of penalty. Penalty, as a system, consists of many factors, however, only combining all the factors organically and forming some stabile structure, can the penalty develop fully its total advantage and efficacy. This is the enlightenment that the Systems Theory gives us.The structure of penalty can divide into three levels, that is: macroscopic, middle-level and microcosmic. According to the Systems Theory's principle, our country's penalty structure has some defects: on the macroscopic level, it is non-tight and heavy punishment; on the middle-level, it is non-harmonizing; on the microcosmic level, it is non-reasonable of the statutory punishment; to sum up, the reasons of giving rise to the defects include the aspects of conceptual, criminal policy, legislative method and executive; on the basis of the preceding discuss, according to the reasons and being directed against defects, we propose some detailed structural complement.