The Legislative Perfection On The Penalty Structure Of China Takeing The Policy Combining Leniency With Severity As Angle Of View

The areas of criminal policy has a broad, narrow and the most narrowly division, this article uses the narrow concept of criminal policy, meaning the policy that the country use the penalty and a similar role with the penalty to prevent and the suppress crime. The penalty structure in this paper mainly refers to the disposition proportion between various punishments as well as the mutual connection. Criminal policy has important significance to adjustment of penalty. This article mainly elaborates the adjustment of penalty structure under the guidance of the Policy Combining Leniency with Severity in our country. In 2005, the Central Party Committee proposed the Policy Combining Leniency with Severity under the reflection of the strike-hard policy and the introduction of the bi-polar criminal policy of the west countries. The new policy requires the multiplicity of the punishment plants, the lenient penalty generally and the right joint between penalties. At present, the penalty structure in our country has many flaws that lead to a very big disparity with the request of the Policy Combining Leniency with Severity, including: The number of death penalty are excessively many; Light penalty type, as the public surveillance punishment, the fine punishment and the qualification punishment is very imperfect in legislation that cause judicial suitable rate to be extremely low; The postponed death sentence and the life imprisonment lack severity, which causes a very big disharmony between the death penalty, the postponed death sentence and the life imprisonment. The disposition proportion is lopsided and hindered the Policy Combining Leniency with Severity carrying out in penalty legislation. Therefore, we should revise the provisions according to the Policy Combining Leniency with Severity, uniting the situation of our country and absorbing the successful legislation experience of the west countries. The measures are: Add community service punishment; Revise the applying condition of the death penalty; Strengthen the strictness of the public surveillance punishment; Raise the fine punishment as the principal penalty and enlarge applying scope of fine; Expand the qualification punishment types; Enhance the postponed death sentence severity and the actual execution prison term of the postponed death sentence violators should not less than 30 years after commuting a sentence many times; Divide the life imprisonment into two kind: allowing to commute a sentence and not allowing to commute a sentence, after the test expiration, most of the postponed death sentence violators transfer the life imprisonment which may commute a sentence, minorities transfer the life imprisonment which may not be commuted a sentence, which causes the postponed death sentence and the life imprisonment which may commute a sentence to link up steadily; After 5 years, the life imprisonment which may commute a sentence can reduce 30 to 35 years imprisonment, and the actual execution prison term do not be less than 20 years after commuting a sentence many times; Raise the upper limit of set-term imprisonment to 20 years, in order to cause it to link up rightly with the life imprisonment which may commute a sentence.