On The Achievement Of Penalty Moderating Trend In China

The so-called softening criminal punishment refers to the criminal policy applicable in the whole operation process of criminal legislation, justice and execution, and to reduce the overall cruelty and severity of the penalty, and to advocate for a lighter sentence as far as possible to punish and control crime.The softening criminal punishment is justified theoretically. First of all, according to the deterrence theory, the one-sided emphasis of heavy penalty is not necessarily in favor of raising the deterrence of penalties; Secondly, from the cost-benefit theory of the criminal penalty, softening criminal punishment is in favor of increasing the penalty benefit; thirdly, from the function of penalty, the limitations of penalty to some extent determines the legitimacy of the softening criminal punishment; Finally, from humanitarian theory, the softening criminal punishment is conducive to carry forward the humanitarian of penalty.The softening criminal punishment has the rational grounds in our country. First of all, the softening criminal punishment is to change the urgent needs of status quo of China's aggravation of penalty; Secondly, the softening criminal punishment is the result of China's round development of economy, political, and culture; Once more, the softening criminal punishment is the necessary requirement of"people-oriented, to build a socialist harmonious society". Finally, the softening criminal punishment is what the criminal policy of the temper justice with mercy should offer.The overall pattern of realizing the softening criminal punishment in our country should be based on the rationalization of the relationship between the softening criminal punishment and the relevant areas and be identified as the progressive realization of the dynamic running of the moderating penalty. Recently, China should mainly focus on the following three stages of the process of the dynamic running of the penalty to seek the concrete implementation of the softening criminal punishment: firstly, the stage of the penalty arrangement. At this stage the following measures should be focused on promoting the softening criminal punishment: first, to eliminate the unnecessary death configuration; Second, reform and improve punishment against freedom; One more, expand and improve the allocation of penalty; and finally, improve statutory penalty allocation of different kinds of legal crime. Secondly, the stage of the penalty application. At this stage, the advance of the softening criminal punishment should be mainly from the following two aspects: on the one hand, strictly limit the application of the death penalty; on the other hand, criminal reconciliation is also applicable in minor criminal. Thirdly, the stage of penalty implementation. At this stage, the main measures of the softening criminal punishment are to build the system of progressive treatment and improve the parole system and significantly increase the rate of parole.