The Inadequacy And Consummation Of The Penalty Structure Of China

Being accompanied with the modernization, the commitment has become a primal problem in modern society. How to adjust the penalty policy to adapt for the change of the real situation and modernized the penalty system now becomes a subject of vital concernment that almost every country confronts with in the world.First, this thesis will anatomize the concept of Penalty Structure, which reflects a nation's concrete situation (the tradition, cultural background, the ruling experience, etc.), penalty purpose and the criminal policy. From the analysis, the penalty structure of a country is not only decided by the country's type but affected with other factors. During the course the country struggle with the commitment, the penalty structure formed and complicated gradually. And the penalty structure is not invariable. It was adjusted with the changes of the social environment and the trend of the commitment.Second, this thesis will point out that nowadays our country's penalty structure still belongs to that type of heavy structure by analyzing the penalty structure of different historical period of our country and the whole world. From the analysis, this thesis draws a conclusion that the formation of our country's heavy penalty structure is related to the severe status of public security and the nemesis of the common people's normal psychology about the commitment. Nowadays there are two main trends about the penalty structure in the world. The first one is the polarization of the penalty structure development. In our country, the experts definite it 'to migrate the misdemeanor, and aggravate the felony'. 'To migrate the misdemeanor' means that the criminal punishment condemned to the offender who committed the misdemeanor like the first offender, casuals offender and the change-offender is comparatively lighter than the felony offender because of their low-grade malevolence. 'To aggravate the felony' means that the criminal punishment condemned to the offender who committed the felony like the crime bloc commitment, the terrorism commitment, the violent commitment, the recidicivism commitment is comparatively heavier because of the high-grade malevolence. The other trend of the penalty structure development is the abolishment or abstrictions of the Death Penalty. With the progress of the society and the development of the human history, although our penalty structure adjusts incessantly, it still cannot keep up with the development of the whole society. So we should learn some measures from the developed countries to complete our actual penalty structure.Finally, this thesis will put forward the assumptions of the reformation about our country's penalty structure.1. To increase the penalty category because the limited actual penalty categories cannot accommodate the need of struggling with the anfractuous situation of the criminal commitment.2. To consummate the content of the penalty category.(1) To keep the Death Penalty and make effort on reducing the sentence of Death Penalty in order to abolish it one day.(2) To improve and consummate imprisonment penalty.(1)To consummate the legislation on the life imprisonment and indicate definitely that the life imprisonment should not be decreased.(2)To improve the shorter-term imprisonment and set up the alternative and reasonable mode. The author puts forward assumptions as follows: to establish fine punishment to replace the shorter-term imprisonment like hard-labor imprisonment and one-year-below definite imprisonment.(3)To improve and consummate the content of freedom-restriction imprisonment.(3) To reinforce the fine punishment system:(1)To make the fine punishment as main category of penalty structure.(2)To enlarge the extension of the penalty to be sentenced only.(3)To decrease the non-limitation fine punishment, sentence and increase the regular and multiple fine punishment.(4)To ascertain that decrease the fine punishment when decrease the term of the main penalty. And when sentence decretion the judge should think over the offender's indiograhic situation about his job, age, health and so on. Besides, the legislation should ascertain ulteriorly that the concrete method of the implement of fine punishment.(4) To improve the qualification imprisonment. (1) To increase the category of the qualification imprisonment. (2) To consummate the content of the political-rights-abolishment imprisonment.3. To regulate the degrees of the imprisonment.4. To eliminate the unbalanced, inharmonious factors of different degree in order to achieve the principle that the penalty accords the commitment.