The Alternative Penalty Attributes Of The Redemption System And Its Causes

This original penalty and alternative penalty are a pair of corresponding concepts.They appear before and after the penalties of the penalties.The originally established penalties are referred to as the penalties,and penalties that have been changed after conversion are called alternative penalties.The atonement generally appears in the general state as an alternative to the criminal state,that is,as an alternative to the criminal property;however,there are cases where this penalty is applicable,that is,the nature of this penalty.After discussing the true existence of the criminal property with the "two-year law," and then proceeding from the reality of the coexistence of these two attributes in the Han Dynasty,the author compares and discusses the germination period of the alternative penalty property of the redemption sentence.After the evolution,the replacement of the penalty by the redemption became the only attribute of the atonement,and the property of this penalty was gradually absorbed by the property penalty after the Eastern Han Dynasty.To the Ming dynasty,the nature of the excise penalties has become more complete,and it has been subdivided into mandatory replacement and arbitrary replacement.At the institutional level,the two systems of ransom and case redemption have their own characteristics and complement each other;the structure has become increasingly complete,and the content is also complete.It is more meticulous and sets detailed restrictive conditions to control the actual application of the ransom from the vertical dimension.By combing the process of redemption instead of criminal property from the bud to the complete process,combined with the modern criminal jurisprudence theory,it analyzes and sums up a large number of legal facts arising from this process,and seeks to discover the actual cause of this property and the cause of its formation,and further understands the redemption itself as a penalty,to find out the significance of crime prevention.