Penalty Mitigation Research

Penalty mitigation is the history inevitable trend of criminal law development. Nowadays mitigation of penalty of the trend is more and more clear and distinct. But under several millenniums feudalisms despotic rule severe sentence principle influence is profound even ingrained in our country. This already no longer adapted our country social economy, political and cultural development objective need,complied with now the world tidal current of penalty development. Also it does not favor our country and international connects rails. Certainly, penalty mitigation does not mean " constantly light" or penalty nihilism. While under the penalty mitigation tendency it means "mitigating layer on layer, two-pole development". This can cause the penalty well to punish crimes, the protection right thus the maintenance society normal order function, also enable the limited penalty resources to obtain the reasonable use.Through the history of penalty mitigation ,its economical base, political base, cultural base and rationale, this article probes its tendency and profound reason. And pointed out China has obtained certain achievement diligently but still had to improve.The first part talks about penalty mitigation from the history review of penalty. The history fact is the evidence which has eloquence of speech dint most. Starting to talk about from the creation of penalty, we find the rule of penalty mitigation:from complex to simple, from severe to mitigating. This history regulation has its social basis rationale.The second part sets out from the society objective request, probing the social foundation and theoretical foundation. Any development of superstructure is depended on in its economic foundation. Penalty is a part of the superstructure no exception. Creating richer material wealth along with the economical development, the value of human's life, body, freedom rises, and it has provided the economic basis for the penalty mitigation; The residential society's formation causes the democratic politics to substitute for the despotic rule. Thus it has provided the political basis for the penalty mitigation; The initiation thinkers and the criminal classical school, the criminal real diagnosis school of thought and the new social defense discusses and so on provide penalty mitigation with deep rationale.The third part is the Chinese penalty mitigation achievements under the world penalty mitigation tendency. Separately from the legislation, judicature and human's idea this part analyzes the Chinese penalty mitigation. About legislation, the crime punishment legal principle establishment, the strict limit death penalty legislation directive, the property punishment and so on the non- imprisonment punishment widely providing penalty mitigation with the legal basis. In the judicature "takes the entity contempt procedure" the tradition breaks gradually. The fair procedure guarantees the realization of procedure just. The entity candor...