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Excruciation On The Justness Of "Strict Punishment"

Posted on:2007-11-28Degree:MasterType:Thesis
Country:ChinaCandidate:J H XiongFull Text:PDF
GTID:2166360185980973Subject:Law
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"Strict punishment"is the abbreviation of"severe cracking down the severe crime which harm social security badly". The penal policy came into being in a special age that feathered severe public order .It is a kind of criminal act that cracks down crime and shows our government's strong and tough attitude on severe crime.Firstly,the perspective of penal policies is a important perspective to analyze"strict punishment". From this perspective,"strict punishment"based on severe crime situation and the need of safeguarding the ruling order. Its purpose is to control the crime within the limits that the government and society can tolerate.Secondly,the perspective of penal laws is another important perspective to analyze"strict punishment". Because"strict punishment"implements its purpose by strengthening the government penal punish power. It may cause and even aggravate the tension between the state's penal power and rule by law. We must accurately deal with the relationship between penal policies and penal laws。Nowadays,we are constructing our socialist country ruled by law, so we must give prominence to the status of law.Penal policies are guidelines for both penal legislation and penal judicature. But the guidelines ought to be rational,which is the restriction to the penal policies by rule of law. The guidelines for both penal legislation and penal judicature mean increasing the weight of punishment. And the principle of the distribution of punishment should consolidate justice and benefit .If not,the punishment may be not proper.According to the excruciation on whether"strict punishment"has the grounds, I have made this conclusion:we can increase the weight of punishment in legislation because of severe public order,but it must be restricted by the seriousness of crime, which means the punishment can not go beyond the horizon that the crime can permit .Although, increasing the weight of punishment in judicature according to the situation is not true.
Keywords/Search Tags:"strict punishment", justness, penal policies, penal laws
PDF Full Text Request
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