Non-penalty Research

As one big subject of the contemporary worldwide criminal law reform movement, the non-penalty is the direct manifestation to the basic criminal activity policy and modest principle of the modern criminal law. The non-penalty is the way that must be taken to develop our country's criminal law, is one kind of new thought of the criminal law theory; it will be the future of Chinese criminal law theory. Therefore this article wants to use the historical method, the comparison method, the real diagnosis method to conduct the research to the non-penalty, profit from the Western non-penalty theory to propose my own opinion to construct our country's non-penalty theory.Introduction: Introduces the non-penalty theory and this article's research mentality and the goal.First, non-penalty outlineThis part first introduces the non-penalty's meaning clearing about the non-penalty's concept, and then talks the relationship between non-penalty and the criminal law, the relationship between the non-penalty and the non-crime, which lays foundation to study the non-penalty further.Secondly, inspects the non-penalty system's territory of Western countriesThis part takes the Western country's advanced law experience as basic, introduces the way to realize non-penalty: First, to realize the penalty goal, had stipulated generally takes exempt from punishment as exception to the principle of guilty must be punished, has stipulated many absolution punishment plots to the criminality; Second, formulate non-penal sanction measure, which is generally suitable to the criminal having absolution penalty plot, the slight crime and minor offenses with minor crime. But may play the role to atonement penalty function's limitation; Third, the punitive measures to maintain peace, may make up the penalty function of the insufficiency, the limit penalty's applicable scope.Third, non-penalty's rationale foundationThis part introduces three Dali foundations of non-penalty theory: prosperous of Goal criminal law; the development of modest criminal law thought and research results of real diagnosis criminology.Fourth, activity criminal policy foundation of our country's non-penalty UnionThis part first has definite the conception of the criminal activity policy between wide and strict, narrated development history of it, cleared its importance.Fifth, the evaluation of our country's present non-penalty method'sOur country's present non-penalty method includes the compensation economic loss, the compensation lost, admonishes, signs a legal statement repents, apologizes, administrative sanctions or administrative sanction. Also our country's criminal law Stipulates other security punishment systems. The non-penalty method has certain effect in reality to maintain the social order, but as the society's development, our country's non-penalty method becomes unscientific, for example, the judicature lacked the procedure safeguard, the security measure lacks flaws and so on.Sixth, construct our country's non-penalty system.First, we should construct Chinese system to exempt from punishment; second, construct Chinese non-penal sanction measure, rectified the construction to our country's criminal reconciliation system's construction and the community to propose own opinion; third, Construct Chinese Security Punishment, carries on the analysis to legislative pattern, original proposes that Security Punishment is a criminal law instead of administrative law, which should use the specific criminal law pattern, but not the criminal law bill for amendment. At last, proposes my own legislative conception to our country's "Punitive measures to maintain peace Law".Seventh, conclusion: Reiterates and summarizes this article viewpoint.