The Reform Of The Short-tern Imprisonment

The problem of short-tern imprisonment was argued in the first session ofinternational jail conference which was held in London in 1872.Since then ,the problem was debated all along and universally concerned by the criminal jurists. Tere are three different view points about this problem,including retention ,abolishment and eclecticism.Nowadays, the eclecticism hold a dominant position. They think that the short-tern imprisonment should be preserved and improved. About this problem ,they focused on two main aspects which are the definition and the abolition in our country.Considering the actual conditions and the purpose of penalty in China ,the writer considers that the short-tern imprisonment should include forced labor and imprisonment less than three years according to the criminal law.In this thesis, the writer considers that the short-term imprisonment has some fraud, but it also has some advantage. So, we should find the short-coming of the short-term imprisonment and we should find the way to modify the short-term imprisonment. This thesis focuses on these arguments, divided into four chapters :The first chapter: the summarization of the short-term imprisonmentIn this chapter, the writer discusses three questions, which include the conception of the short-term imprisonment, the short-term imprisonment in different purpose of penalty and the status of short-term imprisonment.In this thesis, the short-tern imprisonment should include forced labor and imprisonment less than three years .The second question is the discussion of the advantage and defects of short-term imprisonment in different purpose of penalty.The last question is to laythe foundation by describing the status of the short-term imprisonment.The second chapter:the argument on the abolition of the short-term imprisonment.In this chapter ,the writer form own view by contrasting the views of the abolishment ,the retention and the eclecticism. The writer think the purpose of the penalty is the reunification of retribution and education .With the advantage and defects ,the short-term imprisonment should be reserved and modified.The third chapter: the principle of the reform of the short-term imprisonmentIn this chapter,the writer divides it into two parts ,which are the principle of the reform of the legislation of the short-tern imprisonment and the principle of the reform of the justice of the short-tern imprisonment.The principle of the reform of the legislation includes the principle of justice , harmonization, the trendency of the light punishment. The principle of the reform of the justice includes the principle of economic nature,the separation and the socialization.Actualy,as a whole ,the principle of the reform of the legislation and justice play an import part in the reform of the short-term imprisonment.The fourth chapter: the measures of the reform of the short-term imprisonmentIn this chapter, the writer divides it into four parts,which includes the reform of the process of the Legislative , the indictment ,the sentence and the execution.It contains not only the construction of the criminal system ,but also the Specific items on justice. Discussed in this chapter, the writer wants to achieve the goal that the short-term imprisonment can overcome their shortcomings, to play a positive role bythe co-operation of the entire system.