An Axiology Analysis On Penalty Method Choice

It is well known, the penalty method type is numerous. Looking over the criminal legislation of various countries, the prescriptions of penalty method are also different. Facing various penalty methods, how to choose can make penalty tend to be perfect is the problem we must solve. In order to realize rational choice of penalty method, we need to establish a systemic, scientific and persuasive theoretical analysis pattern—axiology analysis pattern and emphatically discuss three aspects contents:"logical presupposition of the penalty method choice with axiology analysis","pattern construction of penalty method choice with axiology analysis"and"reality application of penalty method choice with axiology analysis".Logical presupposition of the axiology analysis for penalty method choice includes two aspects:⑴the necessity of axiology analysis for penalty method choice;⑵the feasibility of axiology analysis for penalty method choice. Regardless of theoretically or practically, axiology analysis is necessary. Because the penalty itself is a kind of valuable choice, penalty method choice pattern with axiology analysis is also feasible.The construction of scientific penalty method choice pattern with axiology analysis is the macro frame first and then developing basic on this. Penalty method choice pattern with axiology analysis is concrete application of Marxism theory of axiology analysis on the question of penalty method choice. The macro frame of penalty method choice pattern with axiology analysis is established on the basis of Marxism theory pattern of axiology analysis and includes three essential factors: subject,object and choice process. Subject of penalty method choice refers the person who can carry on axiology choice to the penalty method; the object of penalty method choice is penalty method; penalty method choice refers the course that authorized subject carries on analysis and choice to penalty method according to the specific standard and procedure when the criminal law is legislated.The reality application of the axiology analysis on penalty method choice needs to be explained from two aspects: the first is axiology analysis for the whole development situation of penalty method; the second is axiology analysis for the present concrete penalty method. The former needs to be macro-analyzed from subject,object and course of choice theses several aspects, but the representative penalty method of the latter—death penalty and qualifications penalty needs to be carried on concrete analysis with the concrete construction of axiology analysis pattern basic on macro analysis.