The Rise And Fall Of From Time To Time Criminal And Revelation

After a brief flourish,indeterminate Sentence was widely questioned and denied when entering the 1970s,and the scope of its application has also been shrinking greatly.Meanwhile,Neo-classicalism riser,and the ideas of retribution and deterrence returned.It seemed that determinate sentence became the protagonist of the punishment against freedom.The rise and fall of ups and downs of Indeterminate Sentence aroused people's interest.In China,where no Indeterminate Sentence is implemented,relevant studies and arguments never stopped.Why did it come forth? What are the characteristics? Why did it recess? How should we value it? Have any reference? How should we draw? This article, under the background of punishment rules' reforming and advancing,discusses the theoretical and realistic reasons that Indeterminate Sentence came forth, summarizes the developing track of Indeterminate Sentence comprehensively, analyzes its pros and cons,and reviews the trend of Indeterminate Sentence development.Thereupon an original valuation is given in regard to the application of Indeterminate Sentence in China.In the author's opinion,the emergence of Indeterminate Sentence is inevitable,and the basic idea of Indeterminate Sentence is rational,that some rules of Indeterminate Sentence are advanced,but it also has some unconquerable deficiencies,and its successful implementation is subject to multiple constraints.As far as our country is concerned,the deficiencies exists in our penal system of the current Chinese Criminal Law,but which can be overcome by learning the advanced experiences from Germany,France,Japan and other countries.Study on Indeterminate Sentence is really a feasible way to offer reference.Looking punishment against freedom to the future,no matter what the destiny of Indeterminate Sentence is, the measurement of criminal Personality,the correction of personal dangers,the offender's education and reintegration,will be the important parts of the penal system.Socialization of Execution is also a world-wide tendency.