Research On The Issue And Improvement Of Our Country's Short-term Freedom Penalty

Crime and punishment have always been an important subject in the field of criminal law,from the study of quantity and achievement,the study of criminology is much higher than that of punishment.With the development of international criminal penalty,people began to pay attention to the past by the penalty to punish,to think more about the education reform and crime prevention purposes,pay more attention to the actual effect of the execution of punishment.As one of the achievements of the criminal justice reform initiated by the enlightenment,the short-term free punishment replaced the cruel punishment of life and body in the middle ages.Short term freedom penalty is a kind of free punishment,but also the most controversial and controversial.Since its birth,its advantages and disadvantages and the abolishment of the world attention,and with the rapid development of the international human rights movement,the new light,the socialization of penalty concept are also emerging,on the short-term free sentence debate intensified.But until now,the definition of the definition,the pros and cons of the abolition of the dispute has always been at the forefront of criminal reform.After more than a century of debate,the majority of scholars in the academic point of view is:short-term free punishment has its value,but there are also many defects and problems.Therefore,the majority of the views are:the right to short-term freedom of punishment is not absolute negative and absolute,but on the basis of reservations,to reform or improve its maximum play its due role.From our judicial practice,the short-term imprisonment has a long history,although the existence of many congenital defects and the practical application of the problem,but plays an important role in our country's penalty system and judicial practice.China's criminal law has a lot of provisions for three years following the penalty of imprisonment and detention,minor crime in the criminal crime accounted for a larger proportion,which determines the short-term free punishment will be inevitable in the judicial practice in our country are frequently used,However,as the scholars at home and abroad,the advantages and disadvantages of short-term punishment and the abolition of the dispute referred to in the process,there are many drawbacks of short-term free punishment,in the application has also brought a lot of problems.Therefore,the short-term free punishment as an important part of the transition from light to heavy,it can not be found before it is suitable to replace it,it should not be abolished,only to minimize and limit the application.At the same time,from the view of reality,the short-term free punishment system in our country compared with foreign countries,there are more backward,therefore need to actively learn from the advanced practice in the short-term imprisonment in the improvement of foreign,to perfect the system of our country.In view of the above background,the author tries to put forward some suggestions on the improvement of China's short-term free punishment system in the light of the problems and improvement of China's short-term free punishment.In this paper,through the development of short-term free punishment,value,drawbacks as the breakthrough point,On the basis of studying the advantages and disadvantages of the short-term free punishment,this article demonstrates the legitimacy,necessity and rationality of the system.At the same time found its shortcomings and deficiencies,through the elaboration of short-term imprisonment in China,based on the advanced experience from abroad for reasonable short-term free punishment on the corresponding reform and improvement measures,in order to maximize short-term free punishment in the penalty system of our country's role.In the research methods,this paper mainly uses the historical and comparative research methods to analyze the basic problems of short-term free punishment.In the content and framework,the paper is divided into the following four parts:The first part is an overview of short-term free punishment.First to the development process of the short-term free punishment as a breakthrough,from the ancient period of short-term imprisonment to the period of development in the short-term free punishment,and then to modern short-term free criminal disputes and reform period,and introduces the influence of "gently" criminal policy of short-term freedom penalty,produce to development and prosperity through the.Understand the short-term free criminal background and theoretical basis.Secondly,through the investigation of the historical development,further put forward the concrete method to define the concept of the short-term free punishment,but also answered questions about the short-term free criminal sentence standard issues,expounds the concept and value of short-term imprisonment.Third,summed up the different countries of the advantages and disadvantages of short-term freedom penalty and the different views of the problem,focusing on the affirmative,negative and compromise said the three views,for further elaboration laid the foundation for the following.The second part mainly analyzes the present situation and problems of China's short-term free punishment.On the basis of the first part,we will turn our eyes to the present situation and the effect of the application of the short-term free punishment in our country,at the same time,the paper focuses on the problems of the short-term free punishment in China,mainly in four aspects:First,the effect of preventing crime is not obvious;two is the cross infection of the criminal situation is serious;the second is the transformation of the criminal means to be improved;the second is the short-term impact on the free punishment of prisoners,such as the impact of four,and so on.The third part is the investigation and reference of the practice of foreign short-term penalty reform.Based on the previous discussion,summarizes the theoretical basis of the reform of the short-term free punishment,and introduced the world to the reform of the short-term free punishment or improve the main measures,and from different improvement measures were compared and analyzed,summarized,combined with China's national conditions,put forward for our country to learn from the experience and lay the foundation for the last part of the article focuses on the short-term free punishment in China suggestions.In the fourth part,the author puts forward some suggestions on the improvement of China's short-term free punishment.This is the focus of this paper,from the principles and measures to improve the specific recommendations.First of all,we should make clear the basic principles of the legislation and practice of short-term free punishment;Then,from the aspects of the concrete improvement or the easy type,we should improve the executive procedure,the form and the other problems:First,improve the implementation conditions and methods of short-term free punishment;Second,the establishment of short-term free punishment system;Third,the establishment of criminal hesitation system;Fourth,the specific measures to improve the criminal detention of short-term freedom penalty;Fifth,expand the community correction of probation and parole;Sixth,to establish the system of eliminating criminal record of short-term free punishment.