Research On The Exchanged Penalty System

Study the exchanged penalty system, first must explicit its concept. In chapter 1 of the text, author carried on the analysis now. And inquired into the characteristic of the exchanged penalty system, the classification, essence of the exchanged penalty system problems.In chapter 2, the author studies the theories foundation of the exchanged penalty system. First, on the level of the criminal law idea, the exchanged penalty system and the theory of pragmatism agree with mutually, is a kind of to take the theory of pragmatism as to guide, have a foothold the actual condition of the penalty performance, with the realization of the biggest and the best penalty performance for target of the penalty. The next in order, on the level of the penalty idea, the exchanged penalty system and the theory of comprehension agree with mutually, since can carry out the appropriate retribution, conforming to the request of justice, satisfy the citizen's law feeling, and then be advantageous to educate and reform the crime person, awe ordinary people, realize the purpose of the crime prevention.In chapter 3, study the lawmaking mode of the exchanged penalty system. This chapter mainly launches the research to the exchanged fine and exchanged punishment against freedom. The fine can be exchanged into imprisonment, penal servitude, labor with freedom or sermon; the punishment against freedom can be exchanged into other punishment against freedom, fine, depriving of competence, labor with freedom or sermon. These modes contain good aspect, also having the bad aspect, deserve we draw lessons from.In order to establish the exchanged penalty system in our country in the future, author put forward a tentative imagination in chapter 4. Establish it in our country should have prior conditions are: The change of the society idea, establish per day fine, increase to establish new kinds of penalty appropriately. From now on, the parliament of our country can consider the different circumstance, lets the fine exchange into short-term punishment against freedom or compellent labor, lets short-term punishment against freedom exchange into fine or compellent labor.During the course of writing dissertation, we adopt double studying means: demonstrated means and value means. The demonstrated means comprise logic means and comparative means.