On The Jurisprudence Research Of Application For Depenalization

The depenalization appears, following the worldwide criminal punishment of measure reform movement,which requested directly and manifested importantly legal science ideological in the penalty theory such as human rights safeguard, judicial resources finiteness, criminal law modest and restrained principle and so on. In the Western country, the depenalization produced for the alleviation of crime magnification pressure.But depenalization in our country's appearance lately, even was repeled by the legislation and the judicature for a long time. This article emphasis on research involving whether our country should introduce the depenalization or not, how realizes the depenalization on basis of reference to the foreign legislation, judicial experience. It includes five parts:The first part elaborated the depenalization connotation.The depenalization refers to evasion of penalty announcement as well as carring out and the crime person's socialization treatment. Here include two meanings: First, the depenalization must be except the penalty category; Second, the depenalization doesnot only include the depenalization method in a static sense, but also the elimination and the change of the execution of the penalty.The second part explained jurisprudence basis on which the depenalization produces.It mainly includes the purpose of punishment theory, the penalty economic theory appearance and mature, the new natural law theory for penalty value reconsidering, modest and restrained thought of the criminal law, the response legal science thought.The third part reseached jurisprudence significance of which the depenalization was introduced.Here mainly is limitation and lower limit condition of penalty for the function and the launch from the penalty standard and the just goal two views,relying on survival spatial foundation. Simultaneously, it conforms to reqirement of standard optimized resources disposition in the law enforcement, helping utilize pattern of judicature efficiency-oriented.The fourth part explained legal economical significance of the depenalization. The fourth part discussed value orientation of application for the depenalization.It includes conjunction between the depenalization and the criminal policy in width-strict coexist nature, substantive law and judicature foundation suitable for the depenalization.The fifth part discussed the concrete possibility and the way of constituting the depenalization measure in our country. The article reseached possibilities of four system of law in a jurisprudence sense:the depenalization method, the system exempted from punishment, minor's depenalization handle, security measurement.The article innovation, also key point, is as follows: First, the depenalization has the deep theory foundation in our country from the legal principle view; Second, the concrete depenalization system should only introduce four measures conforming to our country legal framework and the social basis,intead of imitating the overseas multiple measure blindly.