Study On Realization Of Mitigation Of Punishment In China

Since the1997comprehensive revision of the Penal Code, Criminal LawAmendment (eight) was the largest and the most profound impact amendment,which have arouse great attention and discussion.Mitigation of punishment hasstrongly manifested in Criminal Law Amendment (eight),which abolished the deathpenalty of13kinds of crime, provided leniency for the elderly and juvenile, setfrankly leniency and community correction. It can be said, Criminal LawAmendment (eight) is a landmark in the changeing the tendency of China’s crimecruel penalty. In contrast, there is a large gap between China and other advancedcountries on the achievement of Mitigation of punishment. Inevitably, Mitigation ofPenalty is a dynamic process, and it is not done overnight.As we know,concepts are the logical starting point of the theory, and the paperwas launched from the interpretation of the concept of mitigation of punishment. Thefirst part of the paper, firstly, to definite the Mitigation of punishment,the author thebasic meaning of the mitigation of punishment is the penalty to playful direction ofdevelopment, which comprehensively expressed in the concept of the ideological,criminal policy, legislative and judicial and the implementation. Secondly, to make acomparison of Penalty and related concepts,then clarify the relationship of themitigation of punishment with light punishment and mitigation of punishment withPunishment commensurate with the crime principle. Finally, make a description ofmitigation of punishment performing on the conceptual,criminal policy, legislative,justice and implementation.Then the paper explore the foundation for mitigation of punishment.First of all,in theory, the negative impact of the penalty itself is inevitable, and the penaltyfunctional exsit relative limitations, and the humanitarian requirements of the penaltyof Penalty.In practice, of mitigation of punishment is the world trend, our countryneeds change rime cruel penalty tendencies under the influence of the criminalpolicy of combining punishment with leniency On the basis of learning the basic theory of mitigation of punishment andforeign-related theory,the author focuses on the implementation of the China ofmitigation of punishment.To begin with mitigation of punishment feasibility analysisin china, then make a brief description of the negativism and certainly on the point ofview on mitigation of punishment,and the authors believe that China has economic,political and legal basis of mitigation of punishment.Secondly,to study therealization of the method of mitigation of punishment, the authors believe that therealization relating to penalty concept legislation,justice, enforcement,specificallyincluding the death penalty, free sentence, property punishment, qualificationpenalty,community service punishment, criminal reconciliation system.