Discuss The Severe Sentence And Its Control

In China, the severe sentence has its traditional origin and the historical foundation, "the penalty of disorderly world is heavy" has been leading China's criminal law history, regardless of the turbulent years or the peacefully prosperous times, we all can see that the severe sentence is suitable to the ruler. Along with the society's development,the economical progress,the political transformation, each domain of the society has had the big transformation, but traditional thought of severe penalty that almost continued the millennium still glows the vitality, its token was that the severe sentence thought and the tradition continues affect the modern China's criminal law theory and the practice:like striking hard in criminal policy, the criminal law article disposed, in the judicial process penalty is suitable and the populace idea of severe punishment all contain the thought serving with the severe sentence to offender. Actually, regardless of the ancient times'"the penalty of disorderly world is heavy"or today severe sentence thought all has its specific social background and the in-depth reason, social system reforming,the penalty benefit flawing,the government prestige declining and the government potency being low and the measure substitutes the penalty being deficient become the basis of severe sentence. Looked from another side, because the crime rate of the gangdom nature crime,the terrorist organization crime and other kinds seriously endanger the public security stay at a high level, causing the heavily and gently criminal policy in the world scope to be suitable to become a tidal current, Looked from another side, because the organized crime nature crime, the terrorist organization crime and so on seriously endangers the public security the crime rate to stay at a high level, causes the gently and heavily criminal policy in the world scope to become a tidal current, this also has influnce to severe sentence thought of our country in some kind of degree. Certainly, anything has the dual character, the severe sentence cannot be exceptional, while displays its protection to state power, maintenance to social order, in another stratification plane, what it acts is the negative image, namely, violating the criminal law basic principle, departing from the criminal law objective, encroaching upon the personal freedom. At the same time, because the crime has the objectivity and the inevitability and criminal law resources is limited and benefit and other factors, these have suppressed function of the severe sentence in the certain degree. But, in view of the fact that the society loses the serious situation and the behavior deviates from the norm, so the severe sentence has its the necessity and the reason of existence in the certain degree. But, while formulating the severe sentence, using the severe sentence, displaying severe sentence's function, we cannot neglect the negative side of the severe sentence and should conform to the criminal law basic principle in the severe sentence applicable scope and the criminal law basic spirit and performs diligently on several other aspects, in order to gain the positive role but to abandon its negative effect about the severe sentence, attaining the perfect conjunction on severe sentence with social resources and rights of citizens and criminal law idea. Therefore, currently, we should fully use the criminal law and exert the safeguard function and the protection function of the severe sentence, by achieving the goal of maintenance of social order and promotion of society reforming. But, in the long run, the penalty should develop to the ethereal direction, the severe sentence has the negative influence, therefore we should give the suitable standard and the control to the severe sentence in the present stage. But the best way of giving the standard and the control to the severe sentence is to make great efforts diligently in following several aspects: perfecting the measure of substituting the penalty and defining severe sentence applicable scope and renewing penalty idea and so on.