On The Reform Of Non-penalization In China

Being affected by thoughts and policies of the modern criminal law, non-penalization has become the topic of the reform of criminal law in most countries of the world. It has exerted profound influence on the traditional criminal law. Under this background, the reform of non-penalization in china is being put on the agenda. The reason why non-penalization has continued to develop is closely related with substantial supports by theories. From the point of non-penalization, we conduct the research on the principle of the austerity of criminal law, the principle of the humanity of handling of the accused or convict, the principle of the resocialization of criminal, the principle of restorative justice so that we can absorb the essence of these principles to promote the reform of the non-penalization in china. Based on the affirmation and negation of the theory of non-penalization and from the angle of judicial practice, this paper expounds and proves the necessity of the reform of the non-penalization in China. Furthermore, the social development in contemporary China, the Chinese criminal policy, our legislation in current criminal law and practice of criminal justice demonstrate the necessity and feasibility of the reform of non-penalization in China. After we investigate the realization of non-penalization in foreign countries and Chinese system of criminal justice, the reform of the non-penalization in china should go on with two levels. Firstly, in order to restrict the scope of the application of penal sanction, we should take the reform to the measures of non-penalization which embraces the reform of the measures of non-penalization of China and the system of probation and the construction of the system of victim-offender reconciliation. Secondly, through restricting the scope of the application of penal sanction and covering the shortage of the function of penal sanction, we can establish the system of security. The subject of the reform of non-penalization in China has theoretical and practical value, which should arouse sufficient attraction from the academic community of criminal law. The research on this subject will be directional to the theory of criminal and will enrich the theory of non-penalization as well. Also it will play an inestimable role in the theory of criminal law. In addition, the research on this subject is helpful to the judicial practice. It solves the problems which were confronted by the measures of non-penalization and the system of probation in the judicial practice. It paves a new way for the reform of the system of education-through-labor which is being pushed at present.