The Value Evaluation Of Criminal Penalty In China

As the inevitable result to solve the perpetrator of criminal responsibility,punishment is a very important content in the field of criminal law,and the choice of its severity would thus reflect the trend of penal development.It is not only an important embodiment of progress in criminal law theory,but also an intuitive mark about national human rights in development.Meanwhile,the penalty is supported by national force,directly to deprive personal life,liberty,property,legitimate rights and interests of political rights as a means to punish crime,which is more harsh and cruel than other means such as civil,administrative and legal means.In the field of criminal law,the trend of penalty application will pay great attention to ensure the correct direction with the development of penalty,and to ensure the exercise of state power in punishment not beyond the bottom line,so as to realize the maintenance of social order and safeguard the legitimate rights and interests of citizens.Especially in our country,to put forward full realization of the background under the rule of law is proper,due to the correct understanding of this weapon in the penalty.It is necessary to attach great importance on the construction of the rule of law in the process of the problem.In the aspect of this theory with the development in penalty,the existing results focus on Chinese traditional penalty and the penal structure of severe punishment from a technical point of criticism,and in our country in the existing field of criminal law provisions and the developing trend shown by the continued development in the opinion of severe punishment don't keep their vigilance and lack of attention from this research with the value of intention.Moreover,the penal mitigation as a penalty for the development of severe penalty and relative positions in the orientation in value hasn't played a role in the development of Chinese penalty.From the perspective of personal subjective position caused by different influence and valuable idea,the development in the direction of evaluation for the penalty will not relatively under the neutral perspective in the same form,which makes it between the trend of value and the tendency of contradiction obviously.Therefore,it is of great theoretical and practical significance to analyze the value behind it,and to raise the conflict with them and to make it towards a more reasonable directionThe mainly logic of the article on the basis of related theory problems are discussed,This paper discusses the main manifestations of the severe penalty tendency and the mitigation of punishment in our country,and then explores the correct direction and theoretical path of the development of criminal law in the case of the value orientation.The article is divided into three chapters:The first chapter,based on the study of current theory of penalty in our country,this paper discusses some of the basic issues related to the penalty,which demonstrates the main basis of the argument.We should have a correct understanding of penal function and two sides in objective,the main reference and based on the established purpose of punishment from relative choice.Neutral,comprehensive balance of legal relation among three main parties of interests,the penalty for the purpose in monism was discarded;and we advocate a more inclusive penalty in dualism.For the discussion in the weight of penalty should not be based on the "coarse line" criteria,and should from the "quality" and "quantity" these two aspects in a relative distinction and view.The second part is based on Chinese current criminal law,the criminal legislation,criminal justice and punishment these three stages,including the completion of penalty,the consequences of evaluation,and punishment have shown that the punishment carries on relatively comprehensive introduction and reviews some of the contents.At the same time on the basis of punishment with the mitigation of claim puts into practice by the comparative presentation and discussion,in order to understand the facts of our penal area,this has an intuitive comprehension of the developing situation in our country.The third part is the analysis about the causes of severe penalty in mitigation to reform and coexist in terms of value.On the basis of dynamic coordination with the purpose of penalty in dualism with the media achieves the highest pursuit for justice of human society.In the new social situation the coordinate order and the relation of freedom are advocated by the implementation of differential treatments in an ultimate and penal value to change the social situation under the condition of internal coordination and to maximize the realization of pursuit in order to maximize the happiness of mankind.