On The Necessity And Path Of Developing Ono-custodial Penalty In China

Non—custodial penalty is a general term for the punishment method, system and method of execution of punishment, which is applicable to criminals, not to execute in confinement place such as prison, not to deprive the executed person's personal liberty, and to give a lesser punishment. After 20th century, with the constant conversion of the purpose of penalty, the rise of the ideology of modest and restrained criminal law, the development of the penalty humanitarian and the concept of human rights protection, provide the necessary theoretical basis for the non—custodial penalty's origin and development. In a view of the extraterritorial application status of non-imprisonment penalty, it have positive effects of correction for the criminal, and become inevitable trend of penalty development, China should not be an exception. non—custodial penalty's own characteristics such as reprieve, humanity and non-custodial, which make it be the inevitable choice of economic principle of penalty, trend of development of penalty internationalization, penalty socialization, the criminal policy of temper justice with severity, and constructing socialist harmonious society. But our current system of non-custodial penalty have some defects such as the principle is too abstract and difficult to operate in legislation, and the lack of a unified criminal executive institution in execution, all of this need further improved. Accordingly, we should starting with the concepts first, judicial officers and the general public's concepts should be innovated; secondly, legislative of non-custodial penalty should be reformed and improved, modify the legal status and its basis , application the objects and scope , the substantive and formality of the non penalty , we should also learn successful experiences from abroad , add new types of non penalty that consistent with our national conditions; finally we should establish an unified criminal executive right of non-custodial penalty, further promote the establishment and improvement of the legislation and institutions of community correction.