Short-term Freedom Punishment Survey

Short- term Punishment is punishment integral and important part of the system, is also a controversial criminal law concept, the pros and cons on short-term free sentence Abolition has never stopped. Various experts, academics and the judiciary have the books, show their punishment for the short-term view of freedom, most scholars from the theoretical law, comparative law, penology, criminal point of view policy issues related to short-term free sentence elaborate, but few scholars to study empirically, but few people on short-term free sentence applicable exclusively conducted research. In this paper, a new path, based on research, analysis of data consolidation, to clarify the status quo applicable short-term free sentence, and find its presence in the application process, problems, and put forward some proposals on improving short-term free sentence, promote judicial practice penalty effect of short-term free sentence can play better.This paper is divided into six parts:The first part of the introduction, this section introduces the research status of short-term free sentence, the background and significance of this research study, the research purpose, objects and research methods, in addition, in this section, the author also defines the related concepts. Currently studies on short-term free sentence mainly theoretical research, almost do not involve empirical research, with some added new penal system of "Criminal Law Amendment(h)," the researchers carrying out the extent applicable in practice on this stage as well as short-term punishment against freedom of these systems is scarce, I conduct research to empirically clarify the status of short-term free sentence applicable and freedom for further short-term punishment theories are helpful. I selected four districts and counties of Chongqing Municipality in 2014- Yubei District, Bishan district, Wulong County, Pengshui County in 1575 parts of the verdict, the basic situation of these four areas, explained the reasons for selecting the four counties mainly to its unique location, the humanities, social and cultural background, economic development, etc. In addition, this section also briefly describes the research methods used in this paper. In this part, the author of Short-term Punishment defines, describes the different academic definitions of short-term free sentence, the author puts forward the definition of criteria:the short-term punishment against freedom refers to criminal detention and one year imprisonment, not including the restriction of personal freedom penalty- regulated.The second part of this article is to organize statistical survey data. According to the verdict rendered content, from general applicable rate of short-term free sentence, related offenses, the offender sex structure, enforcement measures applicable mainly sentencing and other projects to collect and collate data, describing the short-term punishment against freedom in these areas of application of Meanwhile, the author of the survey data also briefly analyzed.The third part of the second part of the research based on the data obtained, combined with China's judicial practice, short-term free Punishment detailed analysis of the current situation. Through comparison charts and other methods of statistical data collected detailed analysis found that, on the one hand, the courts at the grassroots level, a high rate applicable to short-term free sentence, on the other hand, short-term punishment against freedom in the application process in four counties differences also exist. Minor criminal offenses occupy most, and focus on minor offenses several common types of crime, such as theft, dangerous driving offenses, drug trafficking crime, traffic crime, fraud, etc., for short-term free sentence offender arrested on charges, it is closely related to gender structure, mainly sentencing. Specifically, higher short-term free Punishment crime rate and crime Several grassroots multiple substantially the same, for the same offense and similar offenses, the possibility of short-term free sentence applicable to women than men big, surrender, meritorious service, has made understanding of victims is an important factor applicable perpetrators influence short-term free sentence, may be sentenced to less coercive measures against short-term free sentence suspect(defendant) non-custodial applicable rates in different regions, in the short-term freedom Penalty charges and other factors has a difference. At the same time, for reasons of short-term punishment against freedom as research findings presented herein may exist, the author also analyzed, and may set up our court system, the special nature of the judicial practice, as well as the occurrence of these crimes with a historic era a variety of factors, regional features, such as integrated the impact.The fourth part, according to research, the author tries to find out the short-term Freedom Penalty applies during the problems. Suitable for short-term free sentence is so, with legislative, judicial status quo of China are closely related. I get the data from the survey and related analysis, we believe that the biggest problem is not the short-term punishment against freedom effectively curb crime, poor execution effect, secondary offender crime rate, repeat offenders, ex-offenders who occupy a large proportion can not achieve the purpose of crime prevention and deterrence of crime, which most scholars advocate the most important reason for the abolition of short-term free sentence.The fifth part of the previous case study and analysis conclusions and propose some short-term free punishment on ways of improving response. I believe that, at this stage, short-term free punishment should not be abolished, but need to be modified, based on this, the author advocates the prosecution to establish conditional postponement system, the judgment is pronounced hesitate system, strictly implement and expand the application of non-custodial coercive measures, Socialized execution implement strict justice, consistent implementation of criminal culpability principles of criminal law. For some special charges, it also made a number of improvements targeted measures, such as controls for dangerous driving offenses increased punishment for drug-related crimes to strictly control the applicable conditions of probation, in the application of short-term free sentence, the strengthening prosecutorial oversight functions of the relevant authorities.The sixth part is the full text of the end of the epilogue, the author of this research brief summary of the case, as long as the short-term free sentence make improvements, short-term free sentence in the penal system in the position will be strengthened, the effect will be significantly improved execution.