Theory Of Depenalization

This paper is made up of the introduction, text and epilogue. The introduction of this paper discusses the background ,the significance of the topics and the purpose of thesis writing, as well as ideas and structure demonstration.The text includes six chapters. Chapter 1 introduces the domestic and foreign scholars' different concepts about the definition and the connotation of depenalization. After a brief analysis ,to discuss it on a narrow point of view the subject ,premise, the object and the way . Depenalization is: the person declared guilty of crime is taken depenalization measures in lieu of penalties. Decriminaliation excludes the negative evaluation and the possibility of condemnation to a criminal act. Then make a distinction between them.Chapter2 analyzes the theoretical basis of depenalization . Utilitarianism insists the purpose of penalties is not retaliation and deterrence, but educate and transform criminal person, and eliminate their implications for society and the harm to others. The of the limiting criminal law and criminal humane . Depenalization is not only in accordance with the limiting criminal law from an economic perspective, austerity, and complementary angles ,but in accordance with the protection of human rights, embodied the nature of criminal humane .Chapter3 describes the state of development about depenalization in foreign countries, from the waive penalty system, waive penalty circumstances to application of alternative penalty measures. So that readers have a general understanding of the development of depenalization. Then analyze the development trend of depenalization. to discuss the diversities of depenalization measures, the twists and turns of depenalization development, the inevitability of depenalization development.Chapter4 discusses the practice of depenalization state in China, to analyze the existing depenalization provisions and find the lack in the legislation. Then analyze it on the administration of justice. In addition, we talk about the difficulties to implement depenalization in China on the point of the Penal Code, judges'quality and supporting facilities.Chapter 5 expounds the necessity and feasibility to implement the depenalization in China. The necessity exists in helping the criminals return to society; avoiding cross-contamination, reducing crime rates. The implementation of the depenalization of society adapts to the current situation and development trend of future society. The political foundation,the economic foundation and the legal basis make the implementation of depenalization feasible.Chapter6 discusses how to make the depenalization system in China . We should enhance democratic awareness and downplay the concept of retribution; improve the existing system and expand the applicable scope of depenalization measures; emphasis the treatment on juvenile crime and add non-punitive measures to the type of punishment. Then discuss to build the security system, emphasize the judge decides the application of non-punitive measures and equal to the applicable law. emphasis on the protection of the rights of criminals. Furthermore, we should restrict the lawyers'power by substantive law, procedural law and judges'quality...