The Application Of Non Penalty Treatment

The mitigation of punishment is the trend of criminal policy in the world and the inevitable result of the evolution of punishment.As a useful supplement to the penalty,the non penalty treatment method plays an important role in punishing the accused,retrieving the loss of the victim and resolving social contradictions.It is an important way to realize the criminal responsibility,and is also beneficial to the protection of the human rights of the accused and the performance of the reprieve of the penalty.In recent years,more and more attention has been paid to the field of criminal theory and practice.There are many reasons why the effectiveness of non penalty methods can not be fully embodied and exerting.But in practice,on the one hand,there are few cases of convictions and exemption,and on the other hand,there is little or no non penalty treatment when the sentence is convicted and exempt.The establishment of the network of Chinese referee documents has further promoted the judicial openness.The people can be more convenient to understand the current situation of our country's judicature.It is a new way and way to carry out legal education.At the same time,it provides the resources and canal for the relevant research through the open referee documents.The five provinces in Northwest China have a certain degree of similarity in judicial practice,which is closely related to economy,history,culture,transportation and politics.We can find some common problems through the study of non penalty handling methods in the five provinces of Northwest China.Through the analysis of the application of non penalty handling methods in the five provinces of Northwest China,we find a general way to improve the application of non penalty handling methods.There are more and more articles on the study of non penalty treatment methods.Many articles have made a thorough analysis of the theory of non penalty methods and put forward a lot of valuable views.There are some articles from the practical point of view,but there are few articles on the analysis of the application of non penalty methods in a certain area.In this paper,the application of non penalty handling methods in the referee documents of the five provinces in Northwest China is studied in accordance with the analysis of the application situation,the existing problems and the logical ideas of putting forward reasonable suggestions.In addition to the non disclosure of relevant referee documents,such as state secrets and personal privacy,the Chinese referee's net has a small proportion in thereferee documents made by the people's court in practice,so it will not have a great impact on the universality of the research foundation.In the first part of this article,the paper makes a statistical analysis on the referee documents published on the Internet of five northwest provinces from 2014 to 2016 in the Chinese referee's documents,and analyzes the application of the non penalty treatment methods in the referee's documents.The second part is based on the first part of the analysis,summarizes the problems and shortcomings of the non penalty method in the judicial practice and legislative level.The last part,based on our country's judicial practice experience,puts forward some legislative and judicial suggestions that can promote the application of non penalty processing methods and improve the effect of non penalty treatment methods.Non penalty method,as a way of assuming criminal responsibility after conviction and exemption from punishment,should play its due positive role.