The Jurisprudential Thinking About Heavy Penalty Doctrine

In June 2015, there has an extensive discussion in the community that "trafficking in children is the death penalty". There are many people support this argument, and actually they also should be punished. But compared with the German Criminal Law and the Italian Criminal Law, the punishment on the children trafficking crime has been heavier in our Criminal Law and the maximum statutory penalty is the death. Doctrine of severe punishment has an important manifestation is that there has a severe penalty on the misdemeanor. So it's easily to fall into the mire of severe penalty doctrine if blindly pursuit of all children trafficking to be dead. Felonies ideology existed for thousands of years in China, and it's also has a great help to the social management in some special time, but excessive worship of severe penalty doctrine is not conducive to the maintenance of social stability in the era of peace. First this paper holds the idea that the heavy ideology still exists in the modern society and it's just more subtle than the feudal society from the "trafficking in children are discussed with the death penalty". And further analyzed the development and change of heavy ideology and the punishment on the children trafficking crime in the various periods.Second it summarizes the drawback of heavy penalty from the social problems followed by prohibition on the US ban on the 1920 and the consequences of the "strike hard" policy. And then pointed out that the felonies ideology is conflict with the principles of criminal law and the value of law from the legal principle analysis on it. Finally put forward some suggestions to eliminate the severe punishment, such as constructing the mitigation of punishment system and change of penalty function.