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The Construction Of Fine Penalty Reform System In Our Country

Posted on:2019-09-09Degree:MasterType:Thesis
Country:ChinaCandidate:B Q LiFull Text:PDF
GTID:2416330548457345Subject:Law
Abstract/Summary:PDF Full Text Request
As a system that is not yet established in China,the penalties and penalties can only be introduced from the background of penalties and penalties,the concept of penalties and penalties,as well as the penalties and penalties in China's history.In several aspects,the first chapter of this article is mainly to explain the above issues.The introduction of the penalty and punishment section is mainly due to the fact that China's execution of fines is difficult.The country's ancient history has always been the prototype of penalties and penalties.That is,the redemption penalty is also regulated in modern times.Ever since the Criminal Law of the People's Republic of China stipulated fines for penalties in 1997,the papers on issues concerning the implementation of fines in the criminal law circles in China have continued to appear.The fact that lotus hair grows up must have its roots.An important factor in this situation is that our country's fines The issue of difficult execution.The emergence of any kind of new things is accompanied by controversy and support.Just like "existence is reasonable," the fine and easy punishment system has its theoretical basis,but there are also opposing voices in this process.The second chapter of this article is The controversy over whether the penalties and penalties should be established and the rationality of the existence of penalties and penalties.This article holds a positive view of the penalty and punishment,and considers that the penalties and punishments are consistent with the sameness of punishment and the principle of equality for all.There are various standards for the purpose of punishment,including retribution theory and prevention purposes.No matter what the situation is,the purpose of different punishments is the same in the specific value system of a penalty purpose.Whenever we come into contact with any new thing,we have to find out whether others have already used it and conduct investigations and researches.We should analyze our own situation comprehensively and compare it with foreign countries to see if there is anything that we can learn from.Learn from the experience of others based on less detours.The third chapter of this article is such an analysis and research chapter.At present,there are several models of penalties and penalties in the world,namely,freedom of punishment,labor service,and exegesis.Although there are certain differences in the national conditions and systems of each country,the author believes that the law is intrinsically borderless.Therefore,with regard to the existing practical experience abroad,we can screen on the basis of rough and refined,and false and true.We must combine our own national conditions to make the socialist legal system with Chinese characteristics that suits our country best.After the first three chapters on the subject of fines and punishments,the theoretical basis for the establishment of fines and penalties and the introduction of foreign experience,and a comprehensive analysis of China's current national conditions,this article proposes in the fourth chapter the penalties that the author believes can be adapted to China's fines.According to different crime situations,the author proposes to set up different transform models so that it can better reflect fairness and equality.The main transform model includes transform as a free punishment,transform as a public benefit labor and transform as a community correction.In the process of setting up,we must not only take into account the situation of the vicious big penalty payers,but also take into account the situation of the lesser vicious people who have a good attitude toward repentance,and try to ensure that the principle of equality and fairness permeates every step of our lives.
Keywords/Search Tags:Penalty and Punishment, Uniformity, Transform into Freedom Penalty, Transform into Public Welfare Labor
PDF Full Text Request
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