Non-confinement Penalty Measures Applied Research

Because of the problems in educating and. correcting the criminals caused by the imprisonment penalty, especially by the short-term free penalty, many countries pay more attention on the non-custodial penalty measures because it can prevent the criminals from being cross infected and help them return to society as quickly as possible and save the cost. So the writer chooses non-custodial penalty measures to be the subject of this thesis.This thesis is divided into five parts. The first chapter gives a brief introduction to the writings and researches in china and abroad. Because the definition of the non-custodial penalty has a lot of versions and it is often confused with non-custodial penalty measures and non-custodial measures. So the thesis makes clear definitions of the non-custodial penalty and the non-custodial penalty measures. The non-custodial penalty measures means taking non-imprisonment way to make criminal execution, but the non-custodial penalty refers to manifestation of the basic or supplementary punishment application is non imprisonment. Then the thesis analyzes characteristics of the non-custodial penalty measures.The second chapter focuses on describing the theoretical and practical basis of the application of non-custodial penalty measures. The theoretical basis includes the thought of humanism, modesty of criminal law, economic educative execution, and the legal status of the criminals. The practical basis lies in the success of pilot work on the application of non-custodial penalty measures in china.The chapter three talks the situation on the application of non-custodial penalty measures and the reasons in china. The public surveillance exists in name only, the probation and parole application rate is very low, single fine penalty and deprivation of political rights applies rarely. This situation is contributed to various factors, such as the traditional thought of sever punishment, the non-custodial penalty measures system is not perfect, as well as the correctors are not good enough for the correction work and so on.The charter four analyzes the trend of the socialization of execution and less sever penalty. Although there are some obstacles in improving the applicable rate of non-custodial penalty measures in our country at present, we have to see the problems in perspective of development., with the development of society, the transformation of traditional idea, improvement of all kinds of system and the progress of correction staff, the non-custodial penalty measures the application must have large development space.So on the basis of the above analysis of the non-custodial penalty measures, in chapter five of this thesis, the specific methods to improve the application of non-custodial penalty measures will be expressed, such as establishing the reasonable criminal classification and personality investigation system before sentence, standardizing the application of discretionary circumstances of sentences and establishing a system of alternative measures of the penalty.