The Improvement Of Non-penalty Punishment Measures In China

Non punishment punishment measures for the implementation of crime is a criminal behavior is relatively minor,the people's court ruled that it can not to accept the premise of criminal penalties,used to one of the ways to bear criminal responsibility,is a kind of punishment is relatively wide compared to its penalties,thought reform of criminal and personal danger to reduce the punishment will not be able to achieve the effect.Although our criminal law provisions of the penal punishment measures,but the public opinion is difficult to reverse,the measures for the main body is not clear and applicable conditions are not clear,such problems as imperfect punishment measures,to a large extent hindered the full play of function.This paper aims to the penal measures in our country's legislative process and present situation analysis,found the deficiency,reference,comparing the leading outside of law and legal experience,come to our country now the non criminal penalties stipulated in the criminal law measures to completion,perfect our country the penal punishment measures of the system,so it can get a positive use in the judicial practice,fully display itself due functions.The first part is an introduction to the non-punishment penalty.This part firstly clear the Chinese traditional thoughts on the penal punishment measures,and further define the concept of the penal punishment measures,make clear the property of the penal punishment measures,to clarify the punishment of the boundaries of penalties and similar concepts.The second part is the practical problem of China's non-punishment measures.The penal measures in our country at present is still a lot of deficiencies,mainly manifested in the following aspects: first,the punishment punishment in Chinese criminal law system positioning is not clear;Second,the provisions of the law of non-punishment shall be vague in the provisions of the law.Third,there is no concrete criterion for the applicable conditions of non-penalty punishments,and there are difficulties in judicial practice.Fourth,we need to build the environment for non-punishment measures in China.Fifth,there is a question of the link between execution and execution in the application of non-punishment measures;Sixth,the system of non-punishment measures is not yet perfect.The third part is the provision of foreign non-punishment measures and the implications for our country.First of all,the provisions of the foreign than punishment punishment measures which can be roughly divided into prescribed in the penal system,in the situation in security system and punishment system and security system of the three,through the analysis of the three,for our legislative work of penal punishment measures,a kind of inspiration effect.The fourth part is the perfect proposal for China's non-punishment measures.This article mainly includes the following six aspects: first,to clarify the position of penalty measures in China's criminal law system.Second,clear the main body,the court is not punishment penalties apply only the main body and simplify the procuratorate to the penalty punishment measures are proposed for application.Third,we should clarify the applicable conditions and establish the principles applicable to non-punishment measures.Fourth,we will improve the environment for the use of non-punishment penalties,and gradually change the traditional view of punishment in the public.Fifth,we should improve the process of the process of executing the sentence and give the perfect Suggestions.Sixth,we should improve the system of non-punishment penalties based on existing laws.