Reform Of Penalty System In China

Current criminal policy, "Strict Controlling, Carefully Applying," the death penalty and "Tempering Justice with Mercy", is an inevitable requirement by social progress, historical development and protection of human rights. However, the implementation of this policy especially highlight the defects of the current "ninety-seven criminal" penalty system. In the light of the current criminal policy, the author has analyzed the deficiencies of current criminal penalties system, and envisaged overall guiding ideology of reform of China's penal system and the penal system reform of China's General Principles of Criminal Law and Specific Provisions of Criminal Law.Generally speaking, this introduction describes the significance of the topic and writing thoughts. Body is divided into five parts. The first part has strategically described the current penalty trends across the world from these four aspects:balancing the pursuit of social justice and protection of the criminal's human rights, the differential treatment of penalty, species limiting the freedom of criminal offenders as little as possible gradually getting promoted and more attention. The second part outlines the penal system of the existing criminal law through reflecting the Chinese fine traditions, historical origin and adaptability principle of crime responsibility and penalty. The third part analyzes defects in China's current criminal law system in terms of the death penalty, the existing system of reprieve, a punishment results of one crime and those of several crimes, prison, personalized punishment and penalties, the implementation of the penalties; and points out that scientific and reasonable penalty system is an important issue in criminal legislation, criminal justice and the purpose of punishment. Reform of the existing criminal penalty system must be put on the agenda. The fourth part as the focus of this paper points out that the guidance for the reform of the penal system should means deeper details of the stalls of the penalty to achieve the punishment trends in China of "tempering justice with mercy," "severity not out of line with leniency"; taking into consideration all circumstances of the crime, sentence and the execution of sentences should be categorized, to achieve the extreme of the adaptability principle of crime, responsibility and penalty; Not only should the death penalty be "strictly controlled, carefully applied,", but also to ensure that the deterrent power of criminal law into effect, to achieve the purpose of educating the members of society and being conducive to offenders returning to society again; Generates at the same time to reform the penal system of General Principles of Criminal Law,i.e., to increase the amount of "Interim Criminal" and "long-term punishment", the actual average number of implementation period years for implementation of life imprisonment should be controlled around 40 years, the current "reprieve system " being established as the new independent criminal types, increasing the application of probation and making up the blank of community corrections, additional "natural pardon" rule, further broadening the special criminal penalties that should be special treatment; proposes to reform the penalty system of specific provisions of criminal law, i.e., the establishment of the Criminal Code that not infringing the right to life is not to be sentenced to death, circumstances of a crime as a comprehensive consideration of the crime sentencing, refining the existing rules of criminal sentencing, complements for some special penalty measures, solving practical problems of sentencing imbalance.The last part of this paper puts forward some ideas, and envisions work needing to be carried out after the reform of China's penal system。...