Research On The Legislative Perfection Of Single Punishment

As a symbol of orderly civilization,penalties appear along with the emergence of human civilization,and at the same time develop along with the development of human civilization.In the 20 th century,value advocates such as freedom,democracy and human rights have become the main theme of the times.The concept of rights protection has become more and more in-depth.The humanity and civilization of the penalty itself have received extensive attention.The penalization has become more irreversible and the law of evolution of punishment,coupled with short-term freedom.The punishment exposed many shortcomings,and the penalty was the new darling of criminal law.In recent years,in order to improve the application of fines,China has continuously added penalties for criminal penalties in criminal legislation.However,most of these crimes are based on the original free penalty and are arranged in a “must-and-for-all” manner.As a result,the judge's judicial choice for fines is limited,which is conducive to raising the overall application rate of fines,but this not only does not play a mitigating role of fines,but rather imposes severe punishment.The author believes that the mitigation of punishment should not be the increase of penalty punishment as a supplementary penalty function,but the penalty penalty is independent of the expansion of the main penalty.Therefore,in order to avoid the single-penalty of the golden penalty due to the lack of congenital legislation leading to the malformation of the later judicial application,it is necessary to strengthen the study of the legislative perfection of the single penalty.In addition to the introduction and conclusion,this article is divided into four parts.The full text is about 41,000 words,which is divided into the following four parts:The first part:the analysis of the legislation of fine penalty.Through the combing of the legal norms related to the single penalty,it is found that the legislation of the single penalty is presented as follows: First,the scope of the single penalty is narrow.For example,the crime of single penalty is mainly distributed in the sinfulness and infringement crime of the maximum penalty of 3 years imprisonment,while most of the lighter non-corruption crimes and most of the negligent crimes are not equipped.The single punishment of the golden penalty has resulted in a relatively malformed and unscientific situation in the scope of the single penalty punishment.Secondly,the legislative allocation of the single penalty penalty is based on the compound penalty system,the penalty system is supplemented,and the legislative characteristics of the single penalty system are missing.Compared with the foreign single-penalty or single-subject single-penalty sentence allocation model,China's single-penalization criminal punishment model is too conservative.Finally,the amount of fines for a single penalty is more confusing.If the limitless penalty system lacks the upper and lower limits of the amount of fines,the limit penalty system,the ratio of the penalty system and the free penalty are not proportional.The second part: the practice of single punishment penalty punishment legislation.On the one hand,the single-penalty is subject to a lower number of judicial applications,a narrow range of applicable crimes,an uncoordinated subjective state of applicability,and a large discretionary power to make an empirical study of the judicial application of a single penalty.On the other hand,from the two aspects of the criminal law and the general principles of the criminal law,the reasons for the above-mentioned phenomena are caused by the single penalty.For example,in the general rule,there is a lack of specific measures to alleviate the difficulty of imposing fines.In the sub-rules,there are single-penalty crimes,excessive punishments,and single-penalty crimes.The reason why the application rate of judicial punishment is low.The third part: the theoretical basis for the single penalty punishment penalty legislation.As a means of criminal sanctions,punishment is created to punish crime and prevent crime.Penalty penalty is one of the methods of punishment and has all the attributes of penalty function.At the same time,the penalty is different from the unique value of other criminals: First,the penalty is used as a method of punishment,which is consistent with the function of punishment and the function of prevention,and is consistent with the basis of punishment and prevention.Secondly,the penalty is a lighter sentence,and the single penalty can better reflect the criminal policy of lenient and strict.Finally,the single penalty punishes the world's penalization trend,which is in line with the requirements of gentle,civilized and humane punishment.The fourth part: the path construction of the single penalty fine punishment legislation.Focusing on the practical problems existing in the judicial application of the single penalty,this paper proposes countermeasures from the two aspects of the general rules and the sub-rules,trying to solve the problem through the synergy of the two aspects.On the one hand,the amendments are specific to the statutory penalty structure.For example,to expand the scope of single-punishment and punishment for minor crimes and negligent crimes,improve and improve the allocation of fines and punishments and the mode of fines.On the other hand,the implementation system of fine penalty is improved from the general level.Such as the establishment of a fine probation system and a double-tiered penalty system to alleviate the difficulty of fine execution in judicial practice.