A Comperative Study On Indetermination

The development of the nation's economy can not get away from a good social security, so crime judgment became important.Ever since 1996 when the writer graduated from ECUPL, the writer works as a criminal judge over a long period of time.According to the fulfillment and thought in judgment for many years, and combining the characteristics of young prisoner and the recidivist's in our country, the writer truly realized that the judge usually just punishes the accused person according to the fact and the law in our country , but neglected reformation result,the risk of the criminal etc.According to the characteristic of the existing system of definite, we can apply Indetermination to the young prisoner and the recidivist.Generally speaking, Indetermination is a penalty system which judge do not deteminate the period of penalty to the criminal, but the executing organision deteminate it according to the correcting situation of the criminal.In the reality, Indetermination is generally opposite to Definite.From the history and trend of the development of penalty system, we can see that Indetermination is an advanced system .With the evolution of the history, and as it is applied properly, Indetermination will contribute to the human being's penalty civilization.The first part:The ground theories of Indetermination.This part argues the guiding thought,value ,aim of Indetermination and the query to Indetermination and the viewpoint of the writer. This paper considers the guiding thought is the special prevention thought and the Criminal Individualization;the value pursues freedom,justice and order;the aim is to promote prisoner self-determination,defend a society and reform a prisoner Theoretically, there is the query to Indetermination,.The counter settles different views from crinminal principle,modern political theroy and these views are unilateral .The writer puts forward his own viewpoints.The second part:The concrete system of Indetermination.At this part, this paper introduces the apply mode an, apply object and match condition of Indetermination. The motherland of Indetermination is the United States.In the United States ,the apply mode of Indetermination includes five kinds, among them, the first mode is a reasonable most .Indetermination applies to the recidivist,juvenile etc., it shouldn't extend and the writer also thinks so.To apply Indetermination well,it needs a certain match condition, such as the reviewing system of the personality of the criminal,the execute criminal progressive system and attaching release system.The third part: The history of Indetermination.At this part, this text tidied up systematically the history of Indetermination.Indetermination experienced from the begin to prosperous,from prosperous to decline.In the 18 and 19 centuries, the thoght of Indetermination appeared, then it ascend the history satge lately;The early and middle 20 centuries is the "golden age" of Indetermination, a lot of nations adopted it;From 1960s, along with the Martinson Report was publised, Correct thought is query,and Indetermination headed for comedown immediately.The forth part: Treat Indetermination reasonablly.This part elaborated writer's viewpoint to some phenomenon of Indetermination.Concerning the predicament of Indetermination, the writer thinks the reason lies in the instruction of Indetermination is fast to the reality and there is a conflict between Indetermination and punishment against freedom.As for the shortage of Indetermination, the writer thinks many shortage of Indetermination can not contribute to itself, we have to distinguish it to the shortage of punishment against freedom and judicatory appliment. The writer also thinks Correction is not invalid.Concerning the rise and fall of Indetermination , the writer thinks it is philosophy of "the negation of negation",Indetermination would return at a certain and fitting of time.The fifth part: The absorption and the usage of the concept of Indetermination in the penalty reform in China.At this part, the writer mainly combines the reality of our country,argue the absorption and the usage of the reasonable thought of Indetermination in the penalty reform.Firstly, he points out it permeate the Criminal Individualization gradually in penalty reform in China ,secondly argues the possibility to apply Indetermination to the recidivist,young prisoner, in the end suggests establishing the assistant system of Indetermination.