Penalty’s Deterrent Force And Lenient Force

Criminal law is the discipline of the humanities, provided by the state legislature todefinite what is a crime, and what penalties should sentence to the crimes. The penalty is animportant part of the criminal law. The birth of the penalty has a profound social foundation,and it has been continuing to progress and improve with the development of society life. Fromcovert to open, from inhumanity to gently, from barbarism to civilization, are the worldwidetrends of the penalty. Penalty is the product of human self-restraint, and it’s the punishment ofsociety as a whole applied to individual person. The penalty is the punishment forendangering social behavior, and this decides the penalty should have psychologicaldeterrence and it also could cause actual pain. The application of the penalty is to humansthemselves so it should be lenient. The penalty should correspond to the basic value of humansociety. Therefore, the penalty has both of the deterrent force and the lenient force. Theycombine with each to jointly play a role in preventing crimes. On the background of theeighth amendment of criminal law, leading to and analyze the two kinds of force of thepenalty.The subject of this paper is divided into three parts and has a total of thirty thousandwords. The first section gives several provisions modified by the eighth amendment ofcriminal law, and it contains two blocks, one of which is the embodiment of the deterrentforce and the other is the embodiment of the lenient force.The second section, delimit the definition of the two kind of force and then make anelaboration. The penalty could play a great role in human social life because of havingdeterrent force and lenient force. Each of them is opposite to the other, and meanwhile theyare unitive too. They influence each other and jointly play a preventive role of the penalty. Toexplain the historical origins and development of them, and analyze the relationship betweenthe two force and the purpose of the penalty. The penalty’s deterrent force own compulsivelybinding efficacy including three elements. They are the certainty of penalty, the timeliness ofpenalty, and the harshness of penalty. To further analyse the contents and characteristics of thethree elements of the penalty’s deterrence, and to discuss the status of the three elements in thedeterrent force as well as the relationship among them. Focusing on the relationship betweenthe certainty and the harshness of penalty, and drawing a view that the certainty is the deterministic element. Put forward the conception of penalty’s lenient force, indicating itsinternal value. It’s as important as the deterrent force. The lenient force contains two elements,namely equitable penalty and ethical penalty, to resolve the two elements’ content,as well asthe influence of the penalty’s lenience. The penalty aims at preventing crimes, and realize thispurpose relaying on that both of the deterrent force and the lenient force bring into play.Further illustrate the significance of the penalty’s deterrence and lenience to the administrationof justice, focus on two specific impact on the preventive effect of penalty.The third part, to expand the horizon of the article,and to do an analysis of the currentcriminal law with the viewing of the lenient force. Pointing out unreasonable provisions of thenew criminal law and make some proposals to put forward the legislation.