The Research On The Exchanged Penalty System

The exchanged criminal penalty system has been established in many foreign countries' penal codes , and in Taiwan and Aomen regions of our country, it is also prescribed. However, in our continental penal code it is excluded. To understand and probe into it we should begin with its concept and characteristic and its history and changes.The article is made up of three parts as well as foreword and epiloque.Partâ… : Summarize on the exchanged criminal penalty system. In Partâ… the concept and characteristic of the exchanged penalty system are expounded from four aspects: the object of application, conditions,objects result of the exchanging. The world is a unity connected mutually and every country is one element of the unity. Every country's legal system is the same as or similar to that of any other country's in part so that it can be used from each other for reference. By means of comparison the author lists legislative model in foreign countries and places emphasis on the change of exchanging penalty with the help of money from its beginning to its end. Then the suggestion is put forward that the exchanged penalty system should be established in China.Partâ…¡: Theory and practical basis on the exchanged criminal penalty system. As a practical activity, execution should be supported by corresponding theory, or it will become water without a source, a tree without roots. In Partâ…¡, which also makes preparations for Partâ…¢, the rationality of establishing the exchanging penalty system in China is discussed in theory and reality. In theory the article is organized by explaining all kinds of penalty's same essence and target while in reality it is spread out by reflecting the current situations of executing freedom penalty and fine penalty.Partâ…¢: The establishment of the exchanged criminal penalty system in our country. Falling into three chapters, Partâ…¢is the emphasis of the article. In order to set up the exchanged penalty system smoothly in China, it is necessary to tell apart the exchanged penalty system, exchanging penalty with the help of money and penalty's taking place of fine and in order to find the joint between freedom penalty and fine penalty, it is important to set up the system on deciding on the sum of fine by the day. Chapter One is aimed to clear barriers for the establishing of the exchanged penalty system. In Chapter II the necessity and practicality of establishing the system are demonstrated. Its necessity is concentrated on the difficulty in executing fine penalty, the disadvantage on freedom penalty, humanistic and specific treatment in the course of execution while its practicality is focused on successful practice in foreign country's and the embodiment in the present criminal law and other laws. Based on this, the idea of establishing the system is put forward in Chapter III, specifically including its principles and conditions of application, criterion of exchange and the limit of application and so on. In the end of the article the author bring forward the legislativeadvice on establishing the system, ending with two categories--exchanged freedompunishment and exchanged fine punishment.