Review Penalty Value In New Era-Comparative Study On Penal Law Of China And Asean Countries

China and the ASEAN countries have extensive common interest in security issues, but legal systems of the ASEAN countries are complicated and deeply influenced by ethic culture. Such condition can easily lead to conflict in our cooperation. At the same time, most of the ASEAN countries are small, China doesn’t have database on legal of ASEAN till now, not to say penalty system. Following the world developing trend, this thesis emphases of a unify opinion on penalty value based on the social situation of ASEAN countries.The thesis gains and analyses material by using literature research method and empirical research method. Such methods will help to master the basic theory and the contradiction of penalty value, and they will also help to find the study scope and blank fields of existing achievements. By using the existing achievements, we will find ways to coordinate conflict of penalty value and realize it. We can also master present law and judicial situation of China and the ASEAN countries by the existing achievements which are the object of empirical research. Secondly, the thesis uses comparison research method. There’re horizontal comparison and vertical comparison of penalty value as well as penalties in different countries. Lastly, the thesis uses systematic approach. On the one hand, the thesis studies the current situation and developing trend of penalty value and penalties in different countries, on the other hand, the thesis studies how the economic system and culture affect on penalty value and penalties.The thesis find penalties are strict in China and the ASEAN countries. And retribution as well as deterrence is the principal concept in such countries. Islam has deeply effect on Singapore, Malaysia and Brunei, which leads to strict penalties in these countries. Christianity deepens understanding in humanity in Philippines, it is the key reason to abolishing death penalty in the country. Compared to the above religion, Buddhism doesn’t directly affect the penalty. Under the background of being colony, most of the ASEAN countries are deeply influenced by countries of civil law system and Anglo-American law system, establishing their penal law based on certain law of colonial countries, such as Malaysia. Now, many countries are tying to make their penalties lighter around the world. No matter China or the ASEAN countries, they all should make their penalties accord with the world trend, making freedom as the final value of penalty, distributing the judicial resources more reasonably by polarizing penalties, conferring more human rights to criminals step by step.