Study On Non-custodial Penalty

With the development of the concept of human rights, humanitarianism has already been rooted in the heart of the people. Modern countries of rule of law pay more and more attention to the meaning of education and human rights protection. Mitigation of punishment has been an inevitable trend of modern punishment development. And mitigation of punishment has gained good crimes prevention results for its opposition on cruel law and punishment and recognition on protection of human rights. Under the trend of Mitigation of punishment, criminal policy of many countries changed from monopole to polarization. The disadvantages of the prison initiate the discussion on short-term imprisonment penalty, and at the same time the voice for socialization of sentence execution is higher and higher. So the discussion on non-custodial penalty in our country has both important realistic and international significances. But, we should know that the system of non-custodial penalty can't be established in one day because we have many differences in legal rules, culture, social structure and with other foreign countries.This paper centers on the non-imprisonment system and introduces the following ideas:In the first chapter, the author summarizes the non-custodial penalty. Firstly, the author elaborates on the essential theory of the non-custodial penalty. Some titles of non-custodial penalty in foreign countries and some scholars' viewpoints on the non-custodial penalty are introduced and comments of the author are given. Then, the application of non-custodial penalty in foreign countries is introduced.In the second chapter, the theoretical basis of non-custodial penalty is introduced. Firstly, the author introduces the historical origins of non-custodial penalty, which is that the criminal punishment gradually develops from corporal punishment and life punishment as the guideline to imprisonment punishment as the guideline as the guideline, and then develops from imprisonment punishment to non-custodial penalty as the guideline. Then the author introduces the theoretical origins of non-custodial penalty, which are the development of the purpose of criminal punishment, modesty of criminal thoughts and development of humanitarianism of punishment.In the third chapter, the author introduces the Realistic basis of non-custodial penalty, which are Social Structure basis of non-custodial (Nation and society: from dualistic to unified),social culture basis of non-custodial (from retaliatory justice to restorative justice), criminal policy basis of non-custodial penalty (From monopole to polarization) and system circumstances basis of non-custodial penalty (from model of suppression, the model of autonomy to the model of response).In the forth chapter, present situation, difficulties and countermeasures of non-custodial penalty in our country are introduced. Firstly, the author introduces the present situation of non-custodial penalty in our country, and then introduces the difficulties of non-custodial penalty in our country from legal rules, criminal policy, cultural tradition, social basis and mass psychology. In the end, the author gives countermeasures of forming our non-custodial penalty system.