The Influence Of Our Country's Active Criminal Policy For Construct Of The Penalty System's Structure

our country's principal criminal policy is combines chastisement and leniency. Nowadays the death penalty policy of our country is to keep the execution, but strict it in the extreme.In our country the active penalty system still presence many structural limitations such as over balance of death penalty or gently imprisonment. The death penalty,reprieve,life imprisonment and set term of imprisonment are not harmony. Between the death and life, has a wide fissure. Reprieve not just delayed execution, in most situations the upper limit of reprieve is 24 years imprisonment; life imprisonment in fact only has 22 years imprisonment maximum; the upper limit of set term imprisonment is more shorts than them.The change of criminal policy in one country's different periods will induce the structure's redressal of whole penalty system. The active death penalty policy will reduce the number of summary execution obviously. For example in the Urumuqi area, the first criminal court of Urumuqi intermediate people's court, which the major task is to interrogate violent criminal cases. In the year of 2007, from January to September, the number of accepted case has increased 14.11% than the same time in last year; the ratio about the number of ending case has 15.75% rising; however the same ratio on the number of summary execution case is 85.71%; there also has 115.02% decline in the compare what the number of summary execution case with the number of ending case in same time this year. Because the theory of vast reducing summary execution become important in nowadays criminal policy, so for reply the structural limitation of gently imprisonment, our country's penalty system needs to partial reform. Recompose and perfect the death penalty,life imprisonment,set term of imprisonment in active penalty system. Set up the reprieve as an individual penalty category, put reprieve culprit in jail by life time principally, even some individual case the time of imprisonment shall at least more than 30 years; consummate the life imprisonment. In the case of commute and parole, the minimal imprisonment times shall more than 20 years; heighten the upper limit of set term imprisonment to 25 years; the longest imprisonment time of concurrent punishment for several crimes are not exceed 35 years. Through improve the punishment level of the reprieve, life imprisonment and set term imprisonment to reduce the public depending on death penalty, let the people have enough receptivity to accept decreasing the number of death penalty soulfully. Thereby to making the structure of penalty system becomes more reasonable.