The Basic Problem Of Non-penalty Punishment Methods

In the process of world modernization of criminal law,the democratization,humanization and mitigation of penalty are more and more important,people no longer believe that punishment is the only way to realize criminal responsibility,but to find some necessary complementary and alternative measures to the penalty.In this process,people gradually realize the value of non-penalty method,and begin to use it in the judicial practice.The essence between penalty and non-penalty does not conflict,but complement each other.The penalty reform goal is to change the structure of penalty system of "severe and not strict" in our country.Non-penalty measure system is the pursuit of protection of legal benefits(including the criminal rights and interests of the victims),the research of non-penalty punishment method has good auxiliary function of penal reform in China,the requirement of system diversification of penalty reform also provides the system demand for the development of decriminalization measures,and both are interlinked.Therefore,based on affirming the penalty of non-penalty penalty,our country should guide people to gradually change the conception of criminal law,perfect the system of non-penalty punishment,construct a complete penalty system,make the penalty and non-penalty work together and realize the goal of criminal governance.This paper divides into three parts:introduction,text,and conclusion,the text has into four chapters.The first part analyzes the theoretical basis of non-penalty method.The theoretical basis of decriminalization measures is the theoretical guidance of realizing the construction of decriminalization system and enriching penal system.This paper analyzes the theoretical basis of non-penalty penalty methods from the angles of criminal governance conception and individual thought of penalty,and makes clear the strong superiority of non-penalty penalty.The second part explains the nature and purpose of the non-penalty system.The innovation of this part is to break through the traditional concept,this paper probes into the nature of non-penalty system from two seemingly contradictory angles of penalty and non-penalty,and obtains the dialectical interpretation of penalty aim,the nature of non-penalty measures should include penalty,and the purpose of penalty should be defined as restoration of legal benefit.The third part focuses on the system and varieties of the existing non-punishment method.Analyzing the non-penalty system at home and abroad,we can conclude that the existing system of our country has defects in legislation and application.The fourth part discusses the approach of the criminal system.This paper probes into the improvement of decriminalization measures from three angles of the reconstruction of penalty purpose,the system of penalty reaction and criminal policy.