Restraining Of Punishment

Penalty is an old topic, refer to the penalty, people know the most intuitive than it brings pain, even deprived of human life. In authoritarian societies, the penalty is extremely harsh, the rule of man run amok, and the penalty is often seen as tools for the implementation of rule of Germany, even take the lack of human rights protection mechanisms, people suffer from frequent penalties, the penalty is full of frustration, anger and fear, even to talk about "fine" discoloration level. However, the penalty function is limited, the penalty can not eliminate crime, for crime, we should take the comprehensive management of the road, the kind of penalty should be abandoned in the past everything on view in a more rational attitude to look at penalties the use of penalties.The most severe sanctions as penalties, inevitably lead to the expansion of private rights over the compression space. The rapid development of today's society, criminal law should be minimum intervention in social life, frequently used means to resolve social disputes the penalty approach is extremely unwise to expand not only increase the penalty loop operation of the state judicial costs, and lack of insecurity to people's lives sense, this is not consistent with the essential requirements of harmonious society, harmonious society should be a vibrant and friendly community, the penalty circle was too wide and the purpose of building a harmonious society is the contrary. Penalty over the amount of surplus in the lead sentence, while It also gives people the feeling of severe penalties. For the offender, the offense is in fact not important for them, their real impact is the level of penalties, this penalty is modest and restrained to the perspective that the penalty of submissiveness exist in reality issues and put forward specific measures of improvement. Addition to the introduction and conclusion, the piece is divided into four parts:Part I: Overview penalty modest and restrained. This section discusses the specific implications of modest and restrained penalty, punishment and justice of Modesty and the relationship between need and the penalty is modest and restrained in history. The penalty of submissiveness, Chinese scholars have rarely discussed, the academic discourse is more modest and restrained the criminal law, the paper put the first part of the punishment from the criminal Humility and Modesty was spun off, and the penalty of Humility of a brief discussion.Part II: The under penalty of submissiveness. The part of the sentence of submissiveness to the legal basis, social basis and perspective of the economics of criminal law, that the need for punishment of submissiveness. Restraining punishment legal basis functions were limited from the penalties and the penalty to their cost and side effects to describe; penalty modest and restrained society is divided into three parts according to political factors, economic factors, cultural factors; criminal economy the perspective of an economist to look at penalties.Part III: Restraining penalty in the specific problems existing in reality. In real life there are many penalties against the examples of modest and restrained, the parts separately from the legislative, judicial, enforcement of sentences studied in detail, pointing out that the modest and restrained penalty problems in reality.Part IV: Restraining penalty under the guidance of the penalty complete. Humility and the part of the sentence for the problems in reality and put forward specific ideas. Were heavy from the concept of change, establish a scientific view of the penalty, the expansion imprisonment penalty, abolished the death penalty against economic crime, building our community corrections system specific analysis of several aspects.