On Construction Of Non-Imprisonment Punishment System

Wide application of non-imprisonment punishment is the main symbol of the mitigation,economization and humanization of punishment. non-imprisonment punishments should to be all sorts of punishment administered out of prison,which consist of non-imprisonment method kept form arresting before judgment,Non-imprisonment method among judgment and Non-imprisonment method after judgment.It consist of not only punishments such as fine,compensation,confiscation of property and deprivation of rights,but also punishment executive system such as parole and suspension of sentence.If confirmed as punishment sorts strictly,the category and effect of Non-imprisonment Punishment will die down. Compared with those developed countries in non-imprisonment punishment theory and practice as Germany,France and American,there are some problems in our country non-imprisonment punishment such as small amount,low application rate,dispersion of executive subject and lack of supervise.Among punishment types as public surveillance,fine,deprivation of political rights,confiscation of property and deportation,or four punishment executive methods as suspension of sentence,parole,administer out of prison and exempt in current criminal law of china,problems of not commensurate with the situation and effect which it should to be,too abstract in apply requisite,non methods of administer and not operating normally exist too.If we want to found non-imprisonment punishment system with chinese characteristics,we should add restrictive terms into our criminal law to prevent from applying of prison punishments,promote refresh notion of jurisdiction and mediation system;second,we should change fine from supplementary punishments to principal punishments to widen the apply category,we should bring in community service punishment which is decided according to characters of the community the offense lies in,we should transfer deprivation of political rights to deprivation of qualification of honorary titles,confirmative qualification, licence to operate and so on,and we also should organize a special agency to administer non-imprisonment punishments,construct a Relational Databases on internet all over the country.