Short-term Free Sentence Drawbacks And Their Suggestions For Improvement,

As a kind of imprisonment penalty system, the short-termimprisonment penalty is more and more important in the context oflighter punishment. After analyzing the definition of short-termimprisonment penalty and its shortcomings in practice, the paper givessome concrete practical details and measures for revising the short-termimprisonment penalty in China. Besides preface and introduction, thereare four parts.Preface gives a brief introduction for the practical significance andcurrent theoretical viewpoints of short-term imprisonment penalty. Itexpounds deep-seated reasons for the existence of short-termimprisonment penalty and points out that the target of writing this paperis to promoting people's understanding for the realistic significance andjustifiable basis of short-term imprisonment penalty and gaining fullexertion of its function in justice.From the introduction, we know that since 19 century, the problemof short-term imprisonment penalty has been debated all along anduniversally concerned by the criminal jurists. They thoroughly analyzedthe advantages and shortcomings of the short-term imprisonment penalty,and then discussed whether the short-term imprisonment penalty shouldbe abolished or not. Finally, a consensus was reached that the short-termimprisonment penalty could satisfy the need of punishment, theprevention of the crime and the social defense. In this thesis, the writerconsiders thought that the short-term imprisonment penalty has not onlyshortcomings but also advantages. We should not abrogate theshort-term imprisonment penalty though there are claims for abolishingit. Studying the advantages and shortcomings of the short-termimprisonment, we could find out the way through which we could reviseit.The first part: the summarization of the short-term imprisonment penalty. In this part, after comparing the different proposals of the juristsover the world, the writer holds that the short-term imprisonmentpenalty includes the imprisonment with a time not more than three yearsand the criminal detection. Then, the paper looks back on threeviewpoints about the advantages and shortcomings of short-termimprisonment penalty, which are negation, affirmation and eclecticism.The writer stands for the eclecticism because the other two areone-sided.The second part: the main problems in the practice of the short-termimprisonment penalty in China and its appraisal. The paper points outsince the shortcomings of imprisonment penalty with a time not morethan three years exists in every country, the main problems in thepractice of the short-term imprisonment penalty in China concentrate onthe criminal detection, such as the weak deterrent force because of itsshort time, the infection because of mixed imprisonment, the increasingcriminal cost and the bad preventive function. After giving appraisal forthe shortcomings of the short-term imprisonment penalty, the writerpoints out that we should look upon the problems dialectically, theproblems could be reformed by legislative and judicial measures.The third part: the legislative measures for reforming the short-termimprisonment penalty. This part is divided into two sections. In the firstsection, the writer discusses the principle for legislative reform of theshort-term imprisonment penalty, including fairness, restraint andhumanity. In the second section, the writer puts forward the legislativemeasures, such as plans replacing the short-term imprisonment penalty,adding qualification punishment, practicing more criminal reconciliation,etc.The fourth part: the judicial measures for reforming theshort-term imprisonment penalty. This part is also divided into twosections. In the first section, the writer discusses the principle forjudicial reform of the short-term imprisonment penalty that is combiningthe "lenient" and "severe" in the penalty, which goes with the "light punishment" tide of historical development. In the second section, thewriter considers that we should try our best to reduce the declaration ofthe short-term imprisonment penalty, develop the function of thesuspension of sentence, and improve the execution conditions of theshort-term imprisonment penalty.