The History Of The Mainstream Ideas Of Modern China Penalty

Accompanied with the60th years of ups and downs, the legislative of China’spenal system experienced the process from scratch, from crude to fine, from theimperfect to the gradual improvement.As the mainstream penalty ideas, our legislators’thoughts about the penalties also experienced many changes. The penalty conceptbefore1979Criminal Law of People’s Republic of China can be described as cruelpenalty intimidation in the view of the purpose of punishment.1979Criminal Law ofPeople’s Republic of China has changed that concept and has set the penalty on thewhole relatively gently.The subsequently enacted Separate Criminal Law substantiallyincreased the death penalty and other heavy penalty. Overall, the purpose of the79criminal law penalties is a combination of general prevention and special prevention. Bymeasures such as improving the legal punishment configuration amplitude,97criminallaw injected into many retribution factors for the penal system to achieve thetransformation of the concept of comprehensive doctrine which combines the retributionand prevention.And Amendment Ⅷ to the Criminal Law of the People’s Republic ofChina continues the penalty purpose concept. Legislative measures such as abolition ofthe analogy principle, establishment of the Principle of Crimes and Penalties Prescribedby Law,and limit of the death penalty both in content and form shows that penaltyexperienced a transformation as a tool of class domination and repression to thecollection of sword and balance on the concept of penalty functions.The changes ofpenalty system such as to retain the criminal fine as the position of additionalpunishment and expand its scope of application, to put the Community Correction intothe Criminal Law and to retain control criminal shows that legislators are going througha transformation from a heavy penalty doctrine to a mitigation of penalty. AlthoughChina’s previous criminal legislation on the provisions of the penal system are more or less unsatisfactory at the protection of human rights, the specific changes in the penalsystem shows that the penalty concept of legislators is approach to the protection ofhuman rights.