The Legislative Realization Of Our Country’s Penalty

It is a kind of gentle criminal policy,focusing on human rights protection,againsttorture and better crime prevention,which is more and more concerned by criminal law scholars.The Since the 21st century,with the deepening of human rights,people have become more and more important.To study the problem of legislation to achieve the problem of light punishment in China,the first point is to find out the meaning of light punishment,the concept can be understood from both the general and the narrow sense,the concepts mentioned in this paper are narrow,But his extension can be expanded,and then on the basis of understanding the concept from the five aspects of a comprehensive analysis in order to better understand and master it,it is corresponding to the concept of tion,which includes the penalty and the penalty of the wide And it is the premise of the law is tight and so on.And then contrast to analyze the similarities and differences between the principle of adapting to the principle of light punishment and criminal responsibility,non-criminalization,non-penalty,punishment moderation and criminal reconciliation system.Thirdly,it is necessary to show the basis of the implementation of the penalty in our country,so as to prove the feasibility and reality of the implementation of the penalty in our country.For example,the tendency of the present sentence is obvious,the penalty structure is heavy and the heavy The penalty view is contradictory to the promotion and realization of the penalty light in our country.In addition,we must carry out our current criminal policy,but also protect the value of the people from the system.Therefore,the implementation of the penalty is the relatively slow Necessary and necessary.In recent years,the importance of our legislation in the light of the penalty can be changed from the light of the penalty structure,the punishment of the discretion of the penalty,the implementation of the three aspects of the implementation of the light,the main death penalty has been a wide range of reduction,The application of probation,the improvement of the punishment,the emphasis on non-penalty treatment,the execution of more socialization,the community correction system has been specifically implemented,etc.,thus affirmed the penalty in China has made a huge and commendable achievements.But the penalty light in the implementation process there are still some problems such as the death penalty is still a reduction in space,the abuse of punishment is still prominent,fine penalty,probation more problems,criminal reconciliation system controversial,and so on,and then from To solve the problem,this paper elaborates the legislative perfection of our country.The reform of our country should focus on solving the following outstanding problems:to amend the applicable conditions of the death penalty,to reduce the legislation and judicial application of the death penalty;to expand the control and fine Apply;increase the proportion of its application,improve the application of probation;reform the way of criminal reconciliation and so on.It is not only a simple revision of the law,but from the legislative and judicial comprehensive grasp of its improvement and development,so as to be more helpful to understand the Chinese penalty system,enrich the penalty theory,promote the reform and improvement of the penalty system,And thus promote the development of human rights and the cause of the rule of law,at the same time,but also do other supporting work such as abandoning the idea of factionism,and establish human rights,human rights and the concept of the rule of law,to promote our legislation to light the legislation,So as to serve the socialist modernization drive.