Thedisadvantagesofshort-Term Freedom Penalty And Improve Research

Within the scope of the criminal law academic, crime and punishment are two main areas, but the degree of scholars to the attention of the theory of crime rather than punishment theory. Combined with specific national condition, our country’s criminal law field earlier, criminal law system is also gradually perfect,at this stage we need to pay more attention to the penalty theory,pay attention to theoretical system of punishment and execution.This article of short-term freedom penalty is an important part of punishment system, the disadvantages of short-term freedom penalty and improve research contributes to the development of the theory of punishment and perfect.Freedom penalty refers to deprivation or restriction of personal freedom as the main content of the penalty method, research focus of this article is deprived of personal freedom.History of short-term freedom penalty punishment in the world has also play an important role. Especially in the19th century criminal positivist jurisprudence and the prevalence of contemporary education punishment theory, effect of short-term freedom penalty by criminal law scholars question, about the pros and cons of short-term freedom penalty save waste gradually fierce battle.The short-term freedom penalty in the penalty system in our country has important position. The ills of short-term freedom penalty itself, plus of short-term freedom penalty’s apply runs counter to the spirit of the current criminal policy, looking for alternative for short-term freedom penalty and perfect measures is imminent.After more than a century’s debate, the scholar’s consensus of short-term freedom penalty is that its existence has value, it can satisfy the penalty crime, to repay of criminals, conducive to the realization of the aim of punishment crime prevention, defend social. At the same time of short-term freedom penalty also has certain drawbacks, we should be on the basis of full study of advantages and disadvantages of short-term freedom penalty, found the insufficient and defect, then seek perfect measures of short-term freedom penalty. Made the short-term freedom penalty to be more perfect on the basis of the retention, better play its efficacy as a means of punishment.