The Method Of Non-penalty

Crime is affected by many factors.economic factors Jiving environment, family factors and cultural factors are closely linked with the crime . As a means of dealing with crime,penalty show limited traits. Meanwhile, criminal's psychology is complex, there are greedy criminals, passion criminals and criminals with political or religious beliefs .The penalty for these crimes are difficult to prevent themTherefore, in order to be effective in preventing crime, we must consider the non-penalty, let it play crime of prevention role. Non-penalty methods are against the limitations and negative role of penalty. It can effectively supplement functional limitations of penalty and adjust penalty's the negative role.restraining criminal law ideology,penalty humanitarian ideology, criminal economic ideology penalties individual ideology, education penalty ideology and defending society thinking constitutes non-punitive the theoretical basis. In China's Criminal Law Article 37 ,there exit some non-penalty method, meanwhile, in other criminal law also exit some non-penalties .but generally speaking, non-penalty methods in China law have beem pay enough attention to legislative, judicial neglect their use. failure to achieve the full penalty of non-active role.I believe the non-penalty method in China criminal sanction system should have its corresponding status. To construction of non-punitive method system, I think that it is necessary to consider non-penalty based on the whole law about criminal.On the one hand,we should consider perfected non-penalty in criminal Code ,on the other hand,we should consider non-penalty in criminal procedure law;it is necessary to consider specific penalties and some non-punitive approach and a system compatible with the non-punitive measure Construction. Based on the above considerations, I think non- penalty method system should be constructed in the criminal reconciliation system and criminal hesitation system and compatible with the non-penalty; Meanwhile, the criminal law should formally establish a system of security measures.