Modern Criminal Policy Vision Of The Short-term Free Criminal Reform

Since the school of criminal human representative Rombro free shuttle to the criminal took the lead since the short-term and short-term academic freedom punishment is the criminal law has been controversial. In the course of debate, forming a positive and negative, said that the sharp opposition, after a more than a century after a long debate, compromise, became Stone said. The academic freedom of Criminal Punishment on short-term consensus is that in the present circumstances, free short-term minor penalty in its application to the crime that is still irreplaceable, at least not all the alternatives that still has a short-term existence of the Punishment value, its ability to meet the punishment of crime, the demand for retribution against crime, while helping to achieve the penalty and the defense community crime prevention purposes. However, free short-term punishment is undeniable drawbacks, therefore, free short-term sentence can not be a simple positive or negative, should be free in-depth study of short-term sentence based on the pros and cons, identify its shortcomings and defects of the Department, and to seek short-term free punishment reform and improve the measures to make better short-term free play as a criminal penalty of functions. In this paper, combined with modern criminal policy, to promote awareness of free short-term sentence, the realistic meaning and legitimacy under. Meanwhile, the actual situation in our country and put forward our reform and improve the short-term free punishment measures to judicial practice in criminal manipulation to the effectiveness of short-term free play to the best.Besides the introduction and epilogue, is divided into four parts.Part I: short-sentence overview of the free. This section first reviews the historical evolution of short-term free criminal, criminal free to develop their own short-term understanding of the short-term help to define the concept of freedom of punishment. Summarized the concept of short-term sentence by the connotation of freedom, the freedom that this alleged criminal penalty of deprivation of liberty to take a narrow view, the restriction of personal freedom which is not criminal. Short-term sentence must be free of specific application of dynamic analysis of context, can not simply designate the specific category attribution. Combined with the background of China's national conditions and legal environment, I will free our country's short-term punishment is defined as 3 years deprivation of liberty, torture, including 3 years of imprisonment and detention.Part II: Modern criminal policy toward criminal sanctions. This section introduces the concept of criminal policy, the criminal policy , while not the subject of this study, it is an essential area of study subjects. Then on the "Light and Heavy," the criminal policy of polarization were explained, and the liberal policies of the theoretical basis for the criminal conduct discussed.Part III: Short-term struggle between freedom and the theory of criminal thinking. In this section, the authors first sentence of the abolition of short-term freedom struggle, then the abolition of short-term struggle between freedom of criminal law theory from the assessment carried out, as we advocate freedom of punishment to reform the short-term to provide a theoretical basis for improving that Punishment should be free to retain short-term basis, carried out to improve, so that is consistent with the basic theory of criminal law in line with the aim of penalty requirements.Part IV: short-term free sentence reform measures. The part of the legislative and judicial levels were raised two short-term free criminal reform measures. First proposed in the legislation easy to criminal punishment, specifically including commuted to a fine, community service and qualifications of criminal penalty of three reform measures, then the system of criminal hesitation legislative reform measures. Raised in the judicial selection to reduce the use of penalty punishment declared free short-term to improve conditions for the implementation of short-term free punishment, to promote innovation and the establishment of the prison system of execution of community correction system with Chinese characteristics, reform measures.