The Discussion About Decriminalization

·The essential attribute of decriminalization is the reaction of criminalization.It's a back pull of criminalization. Right now, it has been a major trend of the Criminal innovation of the world. More and more criminal jurists are concerned on it. In Western countries, it has been achieved important results. As a country which has a heavy punishment doctrine tradition, from top to bottom, we are almost holding a superstitious dependence on the criminal law. However, the value of the decriminalization can not be ignored, reflected in the protection of the human rights, conservation of judicial resources,the scientific of the criminal law and the development of system of criminal law.So, We should seriously consider the possibility of application of the decriminalization.·In the previous studies, we always concerned at a particular charge, and pay lesser concern on the basic theory of decriminalization. This paper tries to discuss the arguments of the basic theory of decriminalization and tries to find how should we fit for it.·The paper is divided into 5 parts.·Part I:It's discuss the definition of decriminalization.There are many arguments in the academe about the definition of decriminalization, and didn't get a uniform standard. It's adverse to our study. This part through comments a number of representative views,put forward my own point and analysis the relationships between decriminalization and the related concepts, it's tries to show a clear definition about decriminalization.·Part II:This part discusses the reality foundation of how the decriminalization is coming into being.·PartⅢ:This part analyzes the theoretical foundation of decriminalization, and try to find its rationality and value.·PartⅣ:This part summarizes the phenomenon of decriminalization of our country, and compares it with what it is like in western. And then, the paper finds the advantage that we use it. ·Part V:This part composes how should we use decriminalization. It tries to find the basis of theory, and does the work of classification.·The conclusion section summarizes the overall situation of the article.