The Legislative Setting For The Degree Of Penalty Research

The legislative setting for the degree of penalty involves in the deprivation or restriction of the right to life, liberty right, property rights, reputation right and political rights. If set improperly, it will cause a significant risk or damage to these rights of citizens. Therefore, it is particularly important that we set for the degree of penalty reasonably. Currently, the setting for our penalty should temper justice with mercy. The merciful-oriented criminal policy is considered as guiding ideology of legislation. Meanwhile, the protection of human rights, humanitarian, Modesty and the balance of crime legislation have run through the legislative setting for the degree of penalty. In the general provisions of criminal law, the setting shows that the design of the penalty ladder improving, the penalty structure reforming significantly and the legal circumstances perfecting in the legislation, including concretely: the punishment upper limit of the penalty ladder and the penalty methods improving, the alternative measures of death penalty and free punishment establishing, the improved design of life imprisonment, the legal circumstances in the Code expanding and restructuring. In the branch of criminal law, the setting shows that a substantial reduction in the death penalty offenses, limiting the application of life imprisonment and long-term fixed-term imprisonment strictly, enlarging the application of fine and non-confinement penalty, adjusting the maximum and minimum free punishment of some crime, allocating the structure of legal penalty rationally. All in all, the legislative setting for the degree of penalty should be rational to acquire and identified by the people at large in order to promote citizens to form a law-abiding consciousness. We should make China penal law as a"Criminal law of human rights"model.?...