Discussion On Development And Reform Of Chinese Penalty Lightening

When human being stepped into the 21st century, Penalty Lightening has formed as the irresistible trend of the times. Since the enlightenment revolution some western developed countries switched on the theory and practice of penalty lightening. After development of several centuries, penalty lightening has aroused great influence in most nations. And unavoidably, our nation was influenced on the trend greatly. Based on some western theoretic and practical fruits, our jurisprudential circle has done some research in theoretic world and carried out some reform in legal practice. While as a whole, these can not fit the practical needs we accounted in development and there is great gap from the developed nations.Inspecting the history, speculating on the future, comparing between China and west nations and learning from each other are the starting point and the base point of this article. Based on inspection of the criminal punishment history as well as its present situation, and on the practical needs of our development, this article tries to do some advanced research to development and reform of Chinese penalty lightening. Except foreword and epilogue, the article is divided into three parts.Part One: Historical Inspection on Penalty. We can benefit a lot from the history. Therefore, firstly, this article does some basic evaluation to heavy punishment trend and its background before the establishment of New China and the penalty lightening trend and its background in modern western punishment. Among which, this article emphasis on analyzing the heavy punishment phenomenon and its ideological roots---Legalist Heavy Punishment Thought in Chinese feudal period; at the same time, emphasis on inspecting the way of penalty lightening in modern western society and the major theory of penalty-lightening held by different law schools. Part Two: Heavy Punishment Phenomenon in Modern China and Reflection on It. Reflection promotes progress. So is the development of criminal punishment. The first three sections respectively expounds heavy punishment phenomenon before reform and opening up, heavy punishment trend in criminal legislation after reform and opening up and heavy punishment trend in criminal practice after reform and opening up. And this poses as the key point in development and reform of penalty lightening in future. The fourth section reflects on the heavy punishment phenomenon in modern China, analyzing respectively on penalty ideas of severe punishment trend, its the negative impact and the negative consequence of criminal system with doctrine of severe punishment, which will show us a clear picture of the harmfulness of the doctrine of severe punishment and firmly strengthen the determination to undergo development and reform of penalty lightening.Part Three: Advanced Research on Development and Reform of Chinese Penalty Lightening. This paragraph is the core of the article. Firstly, the paragraph inspects the positive impacts of the western penalty lightening thought on the development of our criminal punishment; secondly, based on the political basis, economic basis and cultural basis of development and reform of penalty lightening, the article points out that China now can satisfy the practical condition of development and reform of penalty lightening; thirdly, learning from positive elements of western penalty lightening theory and practice, combined with our national conditions, the article puts forward some suggestions from four aspects on development and reform of penalty lightening in future in China.Penalty lightening has become worldwide trend. Therefore, research on the issue relating to penalty lightening can yield great theoretic values and practical meanings to perfecting our rule of criminal law. Based on this consideration, the article researched on development and reform of Chinese penalty lightening from the aforesaid aspects, with the hope that the article can put forward some meaningful suggestions to development and reform of Chinese penalty lightening.