Build China Exchanging System

Comprehend the exchanged penalty system deeply, we must try our best to find out its history. So the first chapter studies the historical source of the exchanged penalty system and its present developing state in the other countries. In China, exchanged penalty , the method of changing penalty into and the price of compensate the life etc. are the display of the exchanged penalty system history in China. Take "exchanged penalty" as an example, it creates to make in Xia Dynasty, continuing to apply for several thousand years till Qing Dynasty, although it is said have a few negative, it do not lack to be advantageous to penalty to turn lightly , slowly and humanely . In the world, it has already been widely ruled by the country of the common law system and continent law system.Following up , the second chapter adopts two study means----semanticmeaning means and law means ----to set forth its concept and characters, suchas the character of independence, finality and two-way. The the exchanged penalty system means when the announcing penalty by assize, because of special origin of matter but hard performance, perhaps because of the details of the criminal, should not carry out, we can use other penalties or other punishing method to replace , when having completed carrying out , the announcing penalty will be regarded having already carried out .Value always reflects some human needs . so we discuss the positive effect to the purpose mission of the penalty , and to safeguard the nature right of criminal in the third chapter .Besides ,we analyzes the effect to realize theformal justice---- What the exchanged penalty system maintain the justice inthe law, limited justice, BE the legal well hard. The forth chapter mainly discusses the necessity and feasibility to set up the exchanged penalty system in China. In text I discuss the necessity from guarantee the character of in time ,humane and individual of the performance of the character etc. seven...