Foundation Of Penalty Mitigation And Its Realization

Looking over the development process of punishment system at home and abroad, from ancient times to present, no matter what kind of country it is, penalty always develops from severe to slight. It can be regarded as a basic rule of penalty development. Especially along with the social economic growth, the civilized progress, and the more attention to human rights protection, the mitigation becomes a worldwide tendency for the development of punishment. Our traditional culture and realistic reasons, together with the heavy penalty ideology to some extent, do not correspond with the development of modern society, deviated from the basic penalty concept of value. At present, our economy, politics and society are experiencing significant growth. Based on our basic realities, we are competent to push forward the reform on penalty mitigation, simultaneously create more conditions for it. Therefore, it is extremely meaningful to discuss the foundation of mitigation and its realizationExcept introduction and conclusion, this article can be divided into the following four parts.The first part General introduction about penalty mitigation.This part analyzes the meaning and value of mitigation at first, then expound its historic evolution process. According to the author, the whole penalty history is gradually slow-down one. Mitigation is a tendency from savage to civilized, from severe to slight, from cruel to humane. It aimed at achieving the biggest social efficiency by the lowest cost, thus realize the double purpose: the function of criminal law, and take precautions against and punish crime. Nowadays, mitigation has already become an important standard to a nation's civilized and economical situation.The second part The existence foundation of mitigation.This part elaborated the foundation of penalty mitigation from two aspects: the theory and the reality. According to the author, mitigation is an inevitable choice no matter investigate from the aim of penalty or the policies on economic, social structure, culture and criminal. Analysis in this part also offer a basis to the discussion on mitigation realization ways belowThe third part The current situations of mitigation.This part expounds and analyzes the current situations on mitigation at home and abroad, emphasis on the achievement from both sides. According to the author, the thought "light punishment for misdemeanor, while severe for big crime" from western countries has great influence over our criminal policy. Together with mitigation elements in our traditional legislation and jurisdiction, our penalty mitigation had already got certain achievement, and is developing toward this tendency.The fourth part The insufficiency of our mitigation and the realization of mitigationAt present, mitigation reform has made a certain effect, but the heavy penalty principle is still the mainstream in our country. According to the author, there are still many defects in our criminal system. The total mitigation has a long way to achieve. Only from both macroscopic and the microscopic aspects, our mitigation reform can comply with the trend of times, thereby reflect penalty value under Harmonious society...