China’s Penalty Structural Adjustment Of The Systematic Thinking

The penalty reforms the most important question is the penalty structure adjustmentquestion. Our country penalty structure belongs since long ago take death penalty and the freepunishment as the leading severe sentence penalty structure. This kind of severe sentencestructure causes our country penalty function display not to be good, but becausesimultaneously also does not conform to modest and restrained modern criminal law ideas aswell as develops the tidal current with the world penalty and so on the, humanity, benefit tocontradict many denounced for the academic circles and the judicial practical realm. Theadjustment penalty structure becomes the important subject which our country penaltyreforms.In2011through "the People’s Republic of China Criminal law Bill for amendment (8)"made the large scale revision to the criminal law, in which many contents has involved thepenalty structure adjustment. This also is recent year our country legislates the biggest scaleadjustment which does to the penalty structure. The primary coverage includes: The reformdeath penalty, abolished13efficient, the nonviolent resistance crime death penalty charge,simultaneously increases to75full year old of above senior citizens attaches the condition notto be suitable the death penalty the stipulation; The free punishment reform, has selectivelyenhances the set term of imprisonment simultaneous punishment for several offenses theupper limit; Rectifies the community reads in the criminal law; Improves the fine punishmentstatus. These reforms optimized our country’s penalty structure to a certain extent, has pulledopen our country penalty structure adjustment big curtain. However studies this revisionthrough the careful analysis the content to discover that, Because in the guiding ideology thesevere sentence principle doping, this criminal law revises, has not changed our countrysevere sentence penalty structure the present situation, but legislates in the technologybecause lacks the systematic characteristic and foresightedness creates the penalty structurenewly not to be uncoordinated. Creates this penalty structure adjustment “to want also tostop” the aspect is creates by many kinds of factors. On the one hand has including the widthstrict aids the criminal policy establishment, the criminal law theory scientific development aswell as the world penalty develops the tidal current influence and so on to impel our countrypenalty structure to face scientific and the rationalization development factor; On the otherhand, our country severe sentence principle tradition, the social transition period surge upward the crime form as well as hindrance factors and so on populace’s deep retaliation ideahave restricted our country penalty structure adjustment.Future our country penalty structure adjustment will be supposed to clearly recognizefully these factors under the premise, will use and the guidance, the determinationsystematization adjustment mentality. First should determine the penalty structure adjustmentthe general goals, that is the penalty structure moves towards the light punishment structurefrom the severe sentence structure. In which involves to the penalty structure center of gravitymoves towards by the present death penalty and the free punishment for the central severesentence structure take the free punishment and the non-imprisonment punishment as thecentral light punishment structure. The penalty structure interior various punishments plantshould match, the weight order reasonably, is facing “lightly gently layer on layer, byprimarily” the direction develops. In the penalty structure concrete adjustment way, persistsby the penalty method reasonable adjustment impetus penalty structure optimization.Including:1st, addition penalty type. Increase community chastening and the qualificationspunishment punishment plants, provides diverse for the penalty structure adjustment thepunishment to plant the choice.2nd, the deepened death penalty reforms. The mentalityabolishes the death penalty gradually using “the evolution type”.3rd, restructuring freepunishment. To the life imprisonment, the set term of imprisonment carry on the improvement,between the realization death penalty, the free punishment effective engagement as well as thefree punishment and the non-imprisonment punishment reasonable engagement.4th, reformfine punishment. Enhances the fine punishment the status, causes it by the accessorypunishment rise is the death penalty.