Rational Thinking On The Limit Of Penalty Power Of China

The penalty power is a very important concept in the field of criminal law. Its primary purpose is to combat crime, maintain social order, and then protectthe freedom and happiness of the citizens. But the penalty power as a national power, it has the inevitable character of punishment, constraint and expansion. The state may apply the penalty power excessively in order to maintain the stable order and effective governance, then the rights of citizens will be harmed. The original penalty power is very cruel. The corporal punishment is the most important part of it. In addition the authoritarian rule, it often brings great suffering to the people. With the development of human civilization, the penalty power also developed from the initial brutality to humanism. The mitigation becomes the trend of penalty’s development. Because the impact of China’s tradition, the penalty power still exist a lot of severe-penalty doctrine color in today. This is not only against the humanism of penalty power, but also contrary to the mitigation trends of penalty power. Therefore, the rational thinking on the limit of penalty power of China is very necessary.First the author begins with the basic theory of penalty power to understand its concept and character. And then through the character and development trend of penalty power, analysing the necessity to limit the penalty power in-depth. Finally, through combining with China’s actual situation, and learning the successful experience from home and abroad, the author will discuss the restriction of penalty power in our country.Application of penalty power has great significance to maintain social order and the happiness of their citizens. Through the analysis in this paper, the author tries to play a useful role to change the present over severe application of penalty power and establish the social with rule of law.