The Study On Realization Of Individualization Of Penalty During China’s Review Of Prosecution

As a modern western criminal policy guideline matured increasingly,individualization of penalty played an important role in criminal theory and thepractice of criminal proceedings. Especially, individualization of penalty get more andmore recognition and attention in the punishment of crime and crime prevention.This paper selected one point of the development of the theoreticalindividualization of penalty, which analyzed the penalty individualized contained thecriminal theory of value. Combined with Chinese Code of Criminal Procedure revised,we selected the prosecution phase, which subdivided into non-prosecution andprosecution. After summarized the existing provisions and combined with the specificcase, we analyzed the inadequacies existed in the Chinese System requires and find theapplication of space with localized Individual penalty. Considered the legal culture andthe associated system, two of the mature Western complementary measures wereselected. They contained community service order and reprieve prosecution system,which were found the convergence mechanism applied the principal penalty andcompleted the Chinese System requires as an important part of the extensivelocalization process.In this article, the first part was introduced under the overall framework, includedthe formation and historical development of individualization of penalty, the applicablejurisprudential basis and the value connotation. Based on social harmfulness andpersonal dangerousness, individualization of penalty achieved individual prevention onthe basis of fairness. The second part aimed to three cases, which reflect thenon-prosecution of individualization of penalty. Through the existing law, theapplication of space was summarized on the non-prosecution of individualization ofpenalty. Around the prosecution views, the third part analyzed the application under thecases of present public prosecution, and proposed prosecution advices aiming to realizeindividualization of penalty. The fourth part selected the two systems of the westernmatching individualization of penalty, include community service order and reprieveprosecution system. This part analyzed and summarized them in the process ofindividualized penalty, and suggested the reformation and perfect of sentencingsuggestion. The work efficiency will be raised through forming standardized sentenceand improving procedures for victim’s forgiveness. What is more, individualization of penalty will be achieved better.