On Judicial Application Of The Non-penalty Punishment

Light punishment of the world today has become the trend, death penalty or even the sentence of life imprisonment is being gradually restricted or abolished. Prominent crime and the functional limitation of penalty show that traditional methods of penalty are inadequate to prevent criminal effects;At the same time , the malpractice of short-term punishment has been known to all, the defendant , who originally committed petty crime , has been sentenced to short sentence because he poses the threat to our society after " dyeing tank effect" and "labeling theory" that should not be underestimated indeed. These are only a substantial proportion of application of non-penalty punishment, even punitive civil compensation on the way might meet the needs of retribution and utility. Either in the theory or in the practice we have all just been paid little attention to it.Non-penalty punishment is generic terms of punishment except for the penalty that the people's courts apply penalty to the perpetrators in accordance with the law directly or indirectly. Non-penalty punishment, which is one of the ways of criminal responsibility, is a compulsory supplement and substitute for punishment. The theory of knowledge of non-penalty punishment accord with the controdiction of material dialectics and its social value embody to achieve the maximum extent to curb crime with the minimum cost, that is to maximize the effectiveness of criminal laws. Non-penalty punishment is also on the value of the defendant's human rights protection at the same time, emposing more emphasis on the protection of victims, we should consider comprehensively the protection of victims and the perpetrators of responsibility;therefore harmonious society is more conducive to be builded. Ferri, the representative of Italian positive criminology, demonstrated the reasonableness of the compensation system from the perspective of the criminal development, under the law of criminal saturation, there exist inevitable minimal crime, the penalties may not be effective, therefore he stressed to establish the supplementary strategy of penalty, which he called "alternertives of penalty" . Modern non- penalty punishment support the victims to take part in the judicial process so as to demand and encourage criminals assuming their responsibilities and taking the initiative compensation, which promote mutual understanding and tolerance between victims and defendants. Non-penalty punishment can resolve social conflicts and deal with minor crimes moderately , which will play a special part both in the methods of punishing criminals and crime prevention; Non-penalty punishment is therefore a useful supplement of penalty and be more conducive to the building of a harmonious society.The application for non- penalty punishment ought to follow five principles, namely, the principle of legality and of the individualized principles, the principle of frugality, the principle of educational correction, the principle of reconciliation and humanitarian principles. Non- penalty punishment should be carried out according to law, the perpetrators are given the different sanctions according to the personal danger and the specific circumstances of criminals, so that we can got the achievement of educational correction.Non-penalty methods provide the way through consultations between victims and the defendants to reach the peaceful settlement of the problem of crime, which can reduce litigation costs of penalty, non-penalty methods intend to avoid expensive costs of the application of penalty, highlighting the human rights of crime, reflecting the humanity of non-penalty punishment.In judicial application of non-penalty punishment, we should grasp correctly "slight plot " , and we ought to sum up and explicit compulsory procedures for the application of non-penalty punishment and of which expanse the scope of the application. In addition, preparatory crime acts which have formulated criminal ought to apply to non-penalty punishment in principle.