On The Reform And Improvement Of The Criminal Punishment In China

Criminal detention punishment,as a traditional short-term freedom penalty,plays an important role in the penalty system,at the same time has been widely used in judicial practice.However,because of the criminal detention punishment itself defects and the existing problems in terms of penalty execution in our country,criminal detention punishment do not fully realize its value.On the contrary,judges often manage to avoid the application of the criminal detention punishment in conviction sentencing due to the application of the criminal detention punishment makes it hard for the referee results to meet the expectations of society or the effect of the real criminals,leading to the abolition of criminal detention punishment.In fact,the detention as a short-term free sentence,just reflects it's own unique value.The shorter term of imprisonment can punish the crime with less seriousness,which accords with the principle of crime in criminal law,can punish the crime and protect the human rights,and is an indispensable part of our criminal system.So it can not be lightly abolished.Only through continuous improvement and reform of the shortcomings of criminal detention,set up the corresponding system,procedures and so on to protect the effect of implementation of criminal detention,can we fundamentally solve the disputes of pros and cons of criminal detention.This paper is divided into five parts.The first part is the introduction.This part introduces the background,significance,literature review,research methods and innovation points.The second part discusses the history of the criminal detention punishment,the names and contents in different period,and the condition of the application of the criminal detention punishment and significance,giving readers a comprehensive impression.The third part mainly analyses the present situation and existing problems of the criminal detention punishment on the legislation and practice.,mainly including the legislative regulation applicable to criminal detention punishment system is not perfect and in the practice of criminal detention punishment utilization rate is low due to legislation problems such as inefficiency.So to claim to reform criminal detention punishment from two aspects of legislation and judicial practice.The fourth part introduces the development of short-term free sentences abroad and the enlightenment to our country.It mainly lists the relevant provisions of thethree countries of Germany,Italy and Japan on the short-term freedom penalty and its effect,and puts forward the places worth learning from.The fifth part puts forward the thoughts of the reform of the system of criminal detention punishment,including keep the concept of retention and reform criminal detention,perfect the system of criminal hesitation in legislation,reform the penalty system and so on,reform pretrial custody,trial assessment and other drawbacks on judicial practice,so as to carry out a comprehensive criminal detention reform and improvement.