The Carefull Application Of Punishment: The Punishiment For And Division Of The Non-felonious Criminial Cases

"A good legislator, who gives more consideration about the prevention of crimes than punishment, pays more attention to encouraging good customs than to expliting criminal punishment."(Montesquieu) "The intelligent human beings come to learn tolerance and begin to replace obstinacy, hate and persecution with understanding, consideration and tolerance, which distinguish them from other creatures controlled by the jungle rules forever."(Tolerance of Panglong) Today human society has developed to 21st century, but the subject of tolerance is still striking .With the vanishing of the ideal of prison reform which is oriented and guided by culpabilitism and heavy penaltism, it is necessary for us to explore and create crimial punishment excute system with mew concept and measures of criminal correction, and it is also necessary to explore punishment and division in light penalty criminal cases, which involves two subjects about modern concept of rule by law and criminal justice theory and practice. Especially at the present the basic-level judicial members stress the heavy penalty in various degree, and the court of justice ,the procuratorial organ and the public security organ place importance not on restriction but on co-ordination .They accommodate themselves to bad style of work, so that it is difficult to put into effect the modern criminal principle and spirit such as crime legal and crime appropriate and so on .And that is why I intend to explore the subject on punishment and division in light penalty criminal cases. The implementing of the westen Label theory, recovery judicial principle and our country′s Community correction provides theoretical and practical basis for my subject. Lenin said, "Progess is to correct errors constantly."In fact, the process of correcting errors is to some extent a process of understanding, considering and forgiving. From the concept of rule by law, the criminal spirit and social responsibility, it is worthwhile to pay much attention to light penalty criminal cases, especially to adolescent ones, and to deal with them by law and by distinction. It is also important to be prudent in dealing with punishment and division. And it is of far-reaching significance to the long-term social stability and security.