On The Value Of Penalty

Punishment is created in criminal code by the supreme power department of the state. It can be only used to punish the criminal by the court. As a social regime, punishment was produced to meet the development of the social, and evolved along with it also. The paper introduced the transformation and the development of the punishment. The development of the punishment includes four ages. The first age is revenge. The punishment of this age is vengeance against the criminal. In the second age, the aim of the punishment is to daunt the criminal. In the age of the humanity, the punishment shows humanism. In modern times, the punishment begins to pay more attention to special of the criminal.As the main part of the criminal law, the value of the punishment should accord with it. The author believe that the ultimate value of the punishment consist of freedom, order and justice.The freedom according with logos should be consistent with the request of the law. Human being created the system of law, and then, the law will help people to gain and keep the freedom. As the value of the punishment, the essence of freedom is to affirm and protect the right of people. The second value of punishment is to maintain the order of the country, such as politics order, economic order, and the order of commonality safety. The most important value of the Punishment is justice. Accomplish the justice, it depend on the exertion of the punishment.Lastly, the paper suggested that the system of the punishment need to be consummated. The realization of the value of the punishment is along with the every course of the punishment. After the manufacture of the punishment, the value of the punishment will be realize in the course of handle and enforce, mainly in the course of handle.In the course of punishment handle, the main body──the judge is the most important factor. In actual law condition, a mass of complication affected the realization of the value of the punishment, such as the stuff of the judge, the idea of different colony. In china, the death penalty should be retained, but should be strictly controlled.There is a very long distance before we get the realization of the correct value of the punishment, and our punishment should be mending along with the development of the social.