On The Non-imprisonment Penalty And Its Improvement In China

With the human progress and social development, the penalty theory has brokenthe limit of the retribution-punishment, and largely accepted education-punishment. Inthis transformation process, the non-imprisonment penalty came with the tide offashion, which has been widely used in many countries. Non-imprisonment penalty isrelative to the traditional imprisonment penalty, in one word, which is this sort ofpenalty method that execution location is not in prison. Non-imprisonment penalty is aproduct of the development of human civilization, as well as reflects the requirementsof the Human age.Non-imprisonment penalty has a period of development in China. There are, early,several types of non-imprisonment penalty in legislation, but in judicial practice, theydeveloped extremely slowly. Main reasons for this phenomenon are residual influenceof severe punishment thoughts, which has continued for thousands of years in China,and unscientific execution system. However, from the perspective of developing of theworld’s punishment, the key of punishment-application will switch from imprisonmentpenalty to non-imprisonment one, which is an irresistible general trend. So, in ourcountry, the development of non-imprisonment penalty should improve urgently.Although there are many factors, in the present, hinder non-imprisonment penalty’sdevelopment in China, but we have basically owned the basis on theory and practice toexpand it. Therefore, we could predict our focus on penalty will transform from thinkingimprisonment penalty highly alone to equally valuing imprisonment andnon-imprisonment punishment, which only depends on time. But how long will it take?We can’t wait for100years or more. It’s urgent for us to change the concept of penaltyand correctly understand non-imprisonment penalty’s value, as to make the day arriveearlier. Therefore, I chose to research this subject. Basing myself upon localization, I willdraw lessons from certain experiences about the western developed country’s usefullegislation and practice, as to drive non-imprisonment penalty develop better in mymotherland. Also, I will do my best on it to play a pat in using the little to get the big.