Research On Improvement Of Non-Imprisonment Punishment In China

After stepping into the new century, the communist party of China proposed the topic of building of socialist harmonious society. Criminal policy of "temper justice with mercy" is closely linked with in-power idea of building of socialist harmonious society. However, the allocation of current criminal system and all punishments in China have difficulty in adjusting to the requirement. According to basic requirement of current criminal policy of "temper justice with mercy" in China, one of urgent topics of the reform on criminal legislation in China is to improve legislation on non-imprisonment punishments and enlarge applicable range of non-imprisonment punishments so as to ensure the realization of "temper justice with mercy".Apart from Introduction, this paper is composed of four parts:1. Relationship between the criminal policy of "temper justice with mercy" with non-imprisonment punishment, the criminal policy of "temper justice with mercy" is not only a criminal judicial policy, but also a basic criminal policy. At present, the meaning of this criminal policy is not to emphasize "combination of mercy and punishment", but to mainly stress "supporting severity with mercy". Under the context of rule by law, supporting "severity" with "mercy" must be realized within the scope of law. Non-imprisonment punishment, as an important constituent part in criminal system, corresponding to the spirit of the criminal policy of "temper justice with mercy", should bear the responsibility of implementation of the criminal policy of "temper justice with mercy". However, the present criminal system in China as well as the layout of each punishment has difficulty in fitting this requirement. Improvement of non-imprisonment punishment in China is the basic requirement of the criminal policy of "temper justice with mercy" and in the meantime must guided thereby.2. Improvement of the system of control punishment. Although the system of control punishment has great advantages in theory, it is not so good in practice. For this, the author puts forward some proposals for the improvement thereof, including:first, to shorten the prison term of control punishment, so as to have it equal to the prison term of custody; second, to broaden applicable range of control punishment, which may be given to the criminals with small harm and without second harm to the society, especially a crime of negligence; third, to enrich punishment contents of control punishment, which includes introduction of the system of labor for community public welfares (community service); prohibition criminals sentenced with control punishment from special sites, so as to prevent such criminals from negative influence in harsh environment and to efficiently safeguard re-socialization of criminals; fourth, to increase the provision of conversion of control punishment into custody punishment; and fifth, to improve implementation system of control punishment, so as to have the implementation thereof develop towards regularization and systemization.3. Improvement of the system of punishment against qualification. On the basis of reflection on the system of punishment against qualification, the author puts forward some proposals for the improvement thereof, including:first, to reform the system of punishment against qualification that deprives criminals of political rights, to abolish deprivation of the rights of freedom of speech, of the press, of assembly, of association, of procession and of demonstration in criminal punishment, to utilize the common name of "deprivation of public rights" and to rationally regulate applicable range of "deprivation of public rights"; second, to increase the types of punishment against qualification, to set up punishment against qualification that deprives criminals of engagement in some act, that deprives some civil and economic rights, that some honor, title and name and that is applicable to legal persons and groups; and third, to establish rehabilitation system of punishment against qualification, on the one hand to encourage criminals to speed up reform in order to regain lost rights or qualifications ahead of schedule and on the other hand be conducive to the building of socialist modernization and construction of harmonious society.4. Improvement of property-related punishment. On the basis of reflection on the system of property-related punishment, the author puts forward some proposals for the improvement thereof. Fine punishment should be improved from the following aspects:first, to entitle fine punishment with main punishment position, which is an inevitable requirement for conforming to the criminal policy of "temper justice with mercy"; second, to enlarge applicable range of fine punishment, in which traditional applicable region of fine punishment should be further enlarged to be universal applicable system and the application of fine punishment should be increased for a crime of negligence that causes severe economic loss; third, to improve the principle of fixed amount of fine punishment; and fourth, to improve guarantee measures for implementation of fine punishment.