A Research On The Non-imprisonment Penalty To Negligent Crimes

Under the influence of ideology of harsh sentences in China, imprisonment penalty becomes an important means of punishing crime, while non-imprisonment penalty is not paid attention, so there rarely is non-custodial sentence for unpremeditated crime. Compared to the intentional crimes, the behaviours’ subjective culpability is smaller than that of the latter, so whatever in legal or in moral level, they should be punished more light. Application of non-custodial punishment for negligent criminals and transferring the traditional place for punishing crimes from prison to community, can save a lot of judicial resources, and negligent criminals in the accepted legal sanctions will not be difficult to adapt to the social, which is consistent with the development trend of moderating trend of penalty in the world. This article adheres to the concept of linking theory with reality, uses the methods of conceptual analysis, comparative analysis, empirical analysis to research, from four parts to analyse and verify China’s related issues of non-imprisonment for negligent crimes, and proposes the assumption of the development of non-custodial punishment for negligent crimes and of the perfecting of the ways, that is perfecting the regulations, fines, punishment against qualifications, and appropriately increasing non-custodial sentence types on the legislation, while changing the concept of penalty of heavy sentences, establishing perfect system of non-execution and monitoring mechanisms of the punishment of imprisonment for negligent crimine.