Research On The Beneficial Result Of Penalty

The kernel thoughts of the science of economic analysis law are the beneficial results of law, and the research of the beneficial results of penalty is based on the former. The beneficial result of penalty refers to the ratio of the effects of penalty Vs the costs of penalty, the former includes the direct effects of the prevention and punishment and alteration on the crime that the penalty's creation and action bring to the society and the indirect effects that the penalty have on the political, economical, cultural aspects of the nation, the later includes the source costs that the nation puts into the penalty to create, bring into effect, execute the penalty. The beneficial results of penalty are different from the aims of penalty, the functions of penalty. The origin of the thoughts of the penalty, the value of the penalty and the criminal policy show the rationality of value of the research of the beneficial results of penalty.The fundamental requirement of the beneficial results of penalty is that the most effect of penalty is obtained with the least costs of penalty. The cost of penalty refers to the amounts of manpower, material resources and finance that the creation and action of penalty cost the nation, the society and the members of both. The composition of penalty includes the opportunity cost of penalty, the cost of criminal legislation, the social cost of penalty and itself cost of penalty. The effects of penalty refer to the material and immaterial effects that the creation, coming into effect and execution of penalty have on the social life. The types of the effects of penalty include the direct and indirect effects of penalty, the interior and exterior effects of penalty system, the prevention effects and the punishment effects, the crime effects, and the fundamental effects.To implement the beneficial results of penalty should persist in the principle of maturity and strictness of the criminal law, the principle of sure investigation of penalty, the principle of betimes of penalty and the principle of being on speaking terms of penalty. To implement the beneficial results of penalty is a process. In the process of creating penalty, the finity and severity of penalty should be emphasized. In the process of judgment of penalty, the impartiality and frugality of penalty should be noticed. In the process of execution of penalty, the principle of integration of penalty execution and extending the scope of imprisonment should be insisted on.