On The Reform Of The Penalty Structure In China

In recent years, China’s death penalty charges of more reprieve guilty of the actual serving of a shorter term of imprisonment graft sentence is shorter, and there is a large gap between the death penalty gap penalty structure of the death penalty emphasis, the lighter structure of the borth criminalimbalances.Heoretical studies of other Chinese scholars on the penalty structure is also constantly in-depth, under the guidance of the penalty Humility principle, follow the criminal policy of "combining punishment with leniency", implemented in May2011, the Criminal Law Amendment8furthertransformation of our penalty structure, it limits shrink to death execution socialized that the attempt of the Community Correction, misdemeanors system to optimize the reorganization of the penalty structure adjustment, China’s "temper justice with mercy," the criminal policy of the further implementation of the penalty in Chinastructure, also in line with the world strictly limit the death penalty, the abolition of the death penalty for penal reform trend, to some extent make up the structural contradictions of the Penal Code. Our penalty structure in the Criminal Law Amendment8also need to be further adjusted in order to truly achieve adapt to China’s current pace of social development. This paper begins with the conceptual reform of the penalty structure, the function of the penalty structure, as well as the theoretical exploration of the criminal policy. Drawing on Professor Liang Genlin’s view on thepenalty structure,combinedwiththe Amendment (VIII) to the Crimina1Law, and in light with the status quo and defects of the eighth improved penalty structure in our country, this paper attempts to put forward proposals on the reform of the penalty structure in order to change the situation of the vicious cycle of poor performanceofour current penaltyandthe alternatelyrising oftheamount of crimes an d the penalty amount so as to maintain the dignity of the penalty, prompting the effectiveness of the measures of the comprehensive management of the social security.The first part of our penalty structure of scientific theory. Analysis of the criminal policy of combining punishment with leniency connotation, discussed our country to set out from fundamental national condition choice of criminal policy of combining punishment with leniency of the reason, put forward at the same time follow the penalty modesty principle.The second part of the analysis of the defects of our penalty structure. On macroscopic exist severe trend, new crime are the lack of prospective, current crime circle has expanded the suspects, on the view in category of penalty, punishment and penalty types do not coordinate the lack of diversity, microcosmic on legal punishment setting unreasonable, statutory penalty combined defect and other issues discussed.The third part of the combination of the second part put forward to reform our country penalty structure proposal. On the reform of criminal measures of macro, meso strictly restrict and reduce the death penalty, setting reasonable freedom of criminal penalty system, increase the light penalty, the penalty and qualification penalty, diversification of punishment of control adjustment, microcosmic on statutory penalty punishment suggestion amplitude setting should be coordinated, sentencing grade should be more reasonable. Our penalty structure needs to be adjusted.