Theory Of Short-term Freedom Penalty Repeal

Short-term freedom penalty refers to a shorter sentence to deprivation of liberty for the content of the offender penalty method. Since 1872 the first International Prison Conference, the specific assessment standards and has been the abolition of theoretical debate. This freedom from the punishment itself short of its abolition of the identification and proceed debate that should be abolished from the legislative level, freedom short-term punishment, and propose alternative measures.In chapter 1, a brief review of the first sentence of the etymology and short-term freedom content, freedom short-term sentence discussed in detail the problem of identification, including short-term freedom sentence of "short-term, "the designation and the "criminal" nature of the finds. The delineation of the short term, the proposed five-year short-term and long-term line of distinction between the boundaries; to identify the nature of punishment, the proposed should be recognized as legal punishment. Meanwhile, the paper outlines the short-term freedom sentence in the criminal law system in our theory of short-term freedom status and the abolition of criminal dispute. This view of abolition, and based on the analysis presented above should be at the legislative level in the sense of freedom penalty abolition of short-term point of view.In chapter 2, chapter 3 is freedom to abolish the punishment carried out short-term attempt to build theory, including the theory of the Criminal Law and theoretical knowledge about the sins and the penalty level of understanding. Theoretical understanding on the terms of sin, Presented should be morality (normative) evaluation factors as a relatively independent of the elements of the theory of elements into sin, but only as acts to reduce or increase the liability of the subjective assessment of factors, rather than the constituent elements of crime; Awareness on the sentence level, Proposed penalties can be divided into two levels of content, that is the penalty level and administrative level of judicial punishment, the former is defined in the method of freedom criminal penalties than the latter refers to the freedom of punishment, criminal and other penalties way of life, and to administrative The relationship between punishment and administrative penalties, the distinction between administrative and judicial punishment expounded the meaning of punishment, notes; while Chapter IV of the Security Measures proposed in this paper's view that that should not exist in our so-called security measures The concept should be similar, so-called security measures to promote social welfare as a social relief measures for a class and as a concept and promote the development of related systems.Fourth chapter main discussion has short-term free criminal of related alternative means (fine) of Foundation, including social foundation, and theory Foundation, and legal foundation); fine criminal of applies and the related of supplementary measures, including additional forced service, and additional forced labor and established on victims compensation system and so on; repeal short-term free criminal of effect, including on in China penalty system, and Conference volume principles, and suspended system of effect and so on.Finally, to summarized the conclusion of the full text of proposed values of this article.