The Study On Freedom Punishment's Legislation After Abolition Of Partial Death Penalty

Since reform and opening-up, economic crimes had been a boom in proportion. In order to keep down the rising tide of economic crimes and ensure a sound development of the national economy, the legislative body cracked down on economic crimes as a legislative priority and provide for a lot of death penalty when the 1997 Criminal Law was amended. But the overflow of the death penalty did not achieve the desirable result. Gone together with the expanding range of crime and increasing the punishment of the economy is the rising crime waves. The embarrassing situation promoted the law maker's review. The Num.8 Amendment of Criminal Law was come out in this background.In order to protect stabilize society and the eliminate the negative impact of death penalty,the Num.8 Amendment of Criminal Law cancel 13 accusations'death penalty which are not to be used. But the death penalty's reduce is not a single accusation's problem. The kind of penalty's abating is also affecting the penalty system. How to keep the kinds of penalty lock into each other and balance the crime and punishment after abolition of partial death penalty will be a new problem.The article composed of three parts:The first part focus on the challenge which the freedom punishment will be face after the partial accusations'death penalty was cancel. First, start from the concept, analyzing the concept of"freedom". Second, analyze the status's change of freedom punishment in different period of history, including the status's change of freedom in ancient and status's change of freedom punishment after the founding of New China and status's change of freedom punishment after reform an opening-up. Third, analyze the influence which the penalty system and freedom will get after canceled the partial accusations'death penalty. Last, analyze the necessity that adjusting the freedom penalty's position..The second part is talking about the legislative reform of freedom penalty, and its theoretical basis and developmental direction. First, analyze the life sentence's present legislation actuality and developmental direction, including perfecting the system of sentence reduction or releasing on parole and rethinking the life sentence's applied object. Second, analyze the limited imprisonment's present legislation actuality and developmental direction and necessity of adjustment and the special problem which will be faced. Last, analyze the restraining freedom penalty's present legislation actuality and developmental direction. These analyses could supply the theoretical basis for the following concrete measures.The third part is analyzing the concrete measures for freedom penalty's legislative reform after cancel the partial accusations'death penalty. First, adjust the life sentence's legislation, including restricting the target severely and reforming the system of sentence reduction or releasing on parole. Second, adjust the limited imprisonment's legislation, including increasing the top of the term of the limited imprisonment and regulating the grade of the term. Last, adjust the public surveillance's legislation, including increasing the applicable charge for public surveillance and distinguish the target and reform the system of the community corrections.