Exempted From Criminal Punishment

For a long time,there exists no consensus in the theory and practice of the scope and status of the "criminal law" article 37.in article 37 of "Criminal law", there is no clear distinction among the concepts such as the applicable scope,exemption from criminal punishment and exemption from punishment, criminal punishment, which lead to confusion between concepts application. exemption from criminal punishment is ignored for a long time in the practice. It is based on its theory, standard, the value as well as the reality. although exemption from criminal punishment is strongly advocated in China in recent years,due to the fuzzy standard, it was abandoned and abused. how to understand and judge the minor crime in the Exemption from criminal penalties application ? how to understand and judge the idea of no Need to give criminal punishment ? What is their inner relationship? how to break through the difficulties encountered in practice and theory ? This paper starts with the definition of exemption from criminal punishment, based on the practical essence of the exemption from criminal, centered on the practical conditions of the exemption from criminal punishment.In this way, the thesis is trying to be conducive to the improvement of the criminal law.In addition to the introduction, this paper is divided into four parts, the germination of exemption from criminal punishment,the essence of the overview of exemption from criminal punishment, the judicial application condition, and predicament and solution. About thirty-five thousand words.The main contents are as follows.The first parts is the introduction which starts with the germination of exemption from criminal punishment.based on article 37 of the "criminal law",it definies the conception of exemption from criminal punishment. In order to make a more clear definition of the scope of exemption from criminal punishment, in the third section,it will discuss the different conceptions from exemption from criminal punishment and exemption from punishment, criminal punishment, the practical conditions of the exemption from criminal punishment as well as the criminal responsibility shall not and can not be investigated for criminal responsibility.The second part focused on the nature of exemption from criminal punishment. this part analyzes the basis of its theory, standard, the value basis as well as the reality.the theory of exempted from criminal punishment according to the idea, the exemption from criminal punishment got its academic basis on the development and adjustment of the relationship between the crime and law. Austerity of criminal law and the concept of restorative justice needs the basis of its view. social tolerance and respect for human nature as well as the real value of maintaining social stability and development.The third part pays attention to the applicable conditions of the exemption from criminal punishment of this paper which is also the main part of this paper.the applicable conditions is divided into two parts:circumstances are minor and no need to be sentenced.these two parts get their own focus with different roles:the first one discussed the circumstances of the crime and the understanding and judgment of the circumstances of the crime.while the second part begins with the possibility of whether the criminal will do it again or not,it takes into account of the compensation of the damage loss,the special precaution measure and the general precaution measure.these two parts are two different levels of the applicable conditions.The fourth part will deal with the predicament and the solution of exemption from criminal punishment and the dim applicable conditions. Because of the disunity of the exemption from criminal punishment and the dim applicable conditions, it is abused and virtual in practice, thus facing controversial embarrassment on the position of its own theory. In order to break through the dilemma, it must be stripped out from other criminal punishment, to distinguish with the remit punishment on the conception and the position. Thus to play its own role in the scope of remit punishment.To deal with the relationship between the remit punishment and the regulations on administrative penalties for public security, so that the effective cohesion between the remit punishment and other laws can be ensured while judicial interpretation can play its full role. Secondly, concept of justice should be changed, privileges should be eradicated. At the same time, we should adhere to reason rather than feelings to value judgment. In addition, mechanism of the exemption from criminal punishment should be clear out.to roughly estimate the penalty to a certain extent before it is exempted. Finally, in practice, supervision procedure guarantee is necessary. It is suggested that special procedure supervision mode shall be applied.