Improvement Of Short-term Free Sentence

In this thesis, it is divided into three parts; there are about 47 thousand words except preface and postscript.From 19 century, the problem of short-term imprisonment was debated all along and universally concerned by the criminal jurists. They thoroughly analyzed the advantage and fraud of the short-term imprisonment, and then they debated whether the short-term imprisonment should be abolished. The problem was debated in more than one century, now they reached a consensus, considered that the short-term imprisonment could satisfy the need of punishment and the retributive and it could take advantage of the prevention of the crime and the social defense. In this thesis, the writer considers that the short-term imprisonment has some fraud, but it also has some advantage. So, we could not negate the short-term imprisonment thoroughly and claim for abolishing the short-term imprisonment. If we study and analyze the advantage and the fraud of the short-term imprisonment, we could find the short-coming of the short-term imprisonment and we could find the way which we revise the short-term imprisonment.The first part: the summarization of the short-term imprisonmentIn this part, the writer discusses three questions, the first question is the conception of the short-term imprisonment, at last the writer considers that the short-term imprisonment should comprise the imprisonment not more than three years and the criminal detection; the second question is the discussion of whether the short-term imprisonment should be abolished, the writer holds that we should stand for the eclecticism; the last question is how to appraise the discussion, the writer hold that the short-term imprisonment could accord with the purpose of the punishment, though it should be revised.The second part: the reform of the legislation of the short-term imprisonmentIn this part, the writer divides it into two parts. In the first part, the writer discusses the principle of the reform of the legislation of the short-term imprisonment, and considers that we should hold the principle of the justice, harmonization, the tendency of the light punish. In the second part, the writer puts forward the plans of the reform of the legislation of the short-term imprisonment, they are the plans of replacing the short-term imprisonment, the joint of the short-term imprisonment and the administrative penalty, how to harmonize the short-term imprisonment and the suspension of sentence.The third part: the reform of the administration justice of theshort-term imprisonmentIn this part, the writer also divides it into two parts. In the first part, the writer discusses the principle of the reform of the justice of the short-term imprisonment, and considers that we should hold the principle of the economic nature, the principle of the separation, the socialization. In the second part, the writer considers that we should try our best to reduce the declaration of the short-term imprisonment, develop the function of the suspension of sentence, and improve the conditions of execution of the short-term imprisonment, and improve the combination of the short-term imprisonment and the parole, and pay close attention to suit the short-term imprisonment to the juvenile offenders, and elaborate the function of the community treatment.