On The Mitigation Of Penalty

With the social economic growth,the civilized progress, and the more attention to human rights protection, the mitigation becomes the history inevitable trend for the development of pinishment. With the through of the eighth amendment of criminal law, it takes effect from May1,2011, proved that in the road of achieve penalty mitigation China has already very hard and obtained certain achievement. But we should know that the current criminal policy of china relies too much on severe penalties. Currently, according to China’s nationgal conditions, we fully have the condition to reform the penalty status and to creat better conditions for its. In our country to adopt the measures of punishment mitigation is benefits the country and the people.This article is divided into four parts.The first part expound the meaning of the penalty mitigation and elaborate its historic evolution process. Meanwhile, introduces the theory foundation of penalty mitigation from two aspects:humanity and modesty of penalty.The second part combine with the Eighth Criminal Law Amendment, detailed introduces the number of performances, includes abolished thirteen economic nonviolent crimes death penalty, provides the senior citizen and the minor citizen receive more forgiveness in the criminal law, as well as created the community correction system, then expound the rationality of these modification.The third part expound the rationality of the penalty mitigation. Introduces the performance of China heavy punishment, and analyzed it reasons, at the same time, detailed expound the negative impact of the severe punishment and penalty mitigation how to overcome these malpractice.The forth part, combined with the legislations, advanced research on development and reform of Chinese penalty mitigation. From the legislation and judicature level analyzes how to achieve the penalty lightening, and put forward a lot of suggestions, the article hope that can boost the speed of the Chinese penalty mitigation.