The Development And Improvement Of Our Countrys’ Penalty System

In our country criminal law, our penalty system mainly reflect for the provision of freedom penalty, the death penalty, the supplementary punishment, recidivists, voluntary surrender and rendering meritorious service, suspension of sentence commutation of punishment. But, our country penalty system has long been controversial which involves some theory and practical problems. The Amendment (Ⅷ) to the Criminal Law of the People’s Republic of China, as adopted at the19th meeting of the Standing Committee of the Eleventh National People’s Congress of the People’s Republic of China on February25,2011, is hereby promulgated, and shall come into force on May1,2011. Amendment (Ⅷ) to the Criminal Law of the People’s Republic of China be adopted at the19th Meeting of the Standing Committee of the Eleventh National People’s Congress of the People’s Republic of China on February25,2011)the Amendment Ⅷ to the Criminal Law of the People’s Republic of China (here in after referred to as" the Amendment VIII to the Criminal Law").Amendment (VIII) to the Criminal Law of the People’s Republic of China is the most important amendment since1997revision of criminal law. This is the first time to change the general provisions, the content involves the adjustment of punishment structure, and it makes some new regulations, such as to actually executed term of criminal penalty of who were sentenced to suspension of execution of a death penalty, parole for some serious violent crimes. Prolong the executed term of criminal penalty of combined punishment for several crimes. Perfect the provisions of the treatment for the older and minor with leniency. To write the criminal policy of "leniency to Confessors" into criminal law makes it as rules. The amendments of the specific provisions of criminal law mainly focuses on perfecting the related regulations about Mafia-like and criminal forces crime and regulating some provisions to enhance the protection of most vulnerable groups in criminal law。 Some articles of the law were amended, and it added some new crime。The Amendment (VIII) to criminal law will play a positive, an important role in punishing crime, maintaining public order and maintain the market economy order, Protection of citizens’legal rights and interests. The amendments and addenda to our country system the Amendment (Ⅷ) to the Criminal Law meet the requirements of the criminal policy of tempering justice with mercy. And it embodied the spirit which is consistent with the spirit of the development of the criminal law’s world trend about the restrictions and abolition of the death penalty. The Amendment (VIII) to criminal law makes our country penalty system more reasonable, and develops its function better.Of course, our country penalty system still has some problems, and needs further improvement in the future.In this thesis, it is divided into three parts except preface and conclusion:The first part will analyze the condition of our country’s penal system before the Amendment (Ⅷ) to criminal law came into force, such as the regulation of our country penal system; our country penalty system has theoretical controversies which involves some theory and practical problems.The second part will discuss the development of the Amendment (Ⅷ) to criminal law to our country’s penal system. And it will briefly state the regulation of penal system in the Amendment (Ⅷ) to criminal law, and states its development and practical significance.The third part will study the perfection of the penal system of our country. It will focus on discussing the unsolved penal questions, on the basis of it, to study the further perfection of our country’s penal system.