Constructing The Exchanged Penalty System In Our Country

The current penalty system is very single in our country,and the penalty measures have unconquerable difficulties in judicial practice.Nowadays,the worldwide penalty is developing lightly and humanely,and the criminal law scholars also have concerned the revolution and improvement of penalty system,and the legislative body has proposed corresponding relevant measures as well,such as implementing the community correction system,improving the fine punishment,etc.,but these measures that had mentioned are far from enough.In my opinion,the foreign exchanged penalty system is worth using for reference and absorbing to increase the flexibility and applicability of penalty,and we can construct exchanged penalty system after amending and improving short-term imprisonment penalty,public surveillance and fine punishment in our country,and the exchanged penalty system which I try to construct is limited in these three punishment measures and they can only exchange with each other.Our national scholars have tried to construct the exchanged penalty system previously,and based on the analysis of the current studies,most essays were refer to foreign legislation and studied single exchanged penalty system,such as only pay attention to the exchanged penalty system of short-term imprisonment or fine punishment,but hardly any researches on the exchange penalty system of public surveillance and seldom scholars studied integrate and systemic exchanged penalty system in our country.However,the current studies can’t able to dissolve the difficulties of short-term imprisonment penalty,public surveillance and fine punishment in judicial practice,so it is of great significance to grasp the relationship and increase the interoperability among them,trying to amend and improve the stipulations of them simultaneously,and applying the exchanged penalty system among them when necessary,which can enrich the penalty system and increase the flexibility and applicability of penalties in our country.The essay is divided into four parts as follows:The first part mainly talks about summery about the exchanged penalty system.Primarily,it introduces the "redemption" system in our country’s history,which shows that there exists a suitable soil for the development of the exchanged penalty system.And then it analyses the stipulations aboard so as to seek for some that can be absorbed and learned.Secondly,it had summarized and carding the concept of the exchanged penalty system,and the exchanged penalty system should refers to the declared penalty,which is impossible or inappropriate to be executed because of special objective reasons.The perpetrators were executed instead by other penalty measures.After the replacement of the original penalty is completed,the original penalty is considered to have been executed.Its essence is an alternative way of execution of penalty,and the change of penalty is strictly limited to the declared penalty and penalty measures.The second part is the analysis of the theoretical value of the exchanged penalty system.The purpose of penalty mainly includes retribution theory and prevention theory,the value of penalty is mainly manifested in order,freedom and justice,the new concept of penalty is a new research object in recent years,and this paper mainly elaborates the new concept of penalty from two aspects: the mitigation of penalty and the economy of penalty.The flexible applicability and the optimal allocation of judicial resources of the exchange penalty system can guarantee to realize the purpose of penalty,effectively embody the value of penalty and promote the development of our new concept of penalty.The third part is to discuss the practical significance of the exchanged penalty system.In the current judicial practice,Short-term imprisonment has some disadvantages,such as insufficient deterrence of short term of imprisonment,cross-infection of offenders,the crime labels that have bad impact on re-socialization and the low efficiency but high cost.Public surveillance also has shortcomings,such as less misery of punishment,sentencing without supervise,stipulations become mere formality and lacking safeguards of enforcement.Fine punishment also has the judicial dilemma of difficult to execute and low implementation rate.However,the characteristics of the exchanged penalty system can provide an effective way to solve the current judicial practice difficulties for them.The fourth part is the focus of this paper.Based on the current legislation in our country,firstly,I put forward the improvement measures,as for short-term imprisonment,establishing special prisons,implementing the system of separate and semi-open custody;as for public surveillance,revising the Equal Pay for Equal Work to Non-remunerated Public Service Work,compelling prisoners accept concentrated learnings and community services at special time;as for fine punishment,setting the “day-fine system” in our country,and stipulating measures of compulsory execution.And then,the statutory conditions for exchanging penalties are strictly limited in two circumstances,which are the original penalty is inappropriate to execute with objective situation and the executed person performs well that is unnecessary for whom to be executed by the original penalty.Finally,the paper has concentrated on the judicial practice of the exchanged penalty system and proposes detailed methods and procedures to exchange penalties among short-term imprisonment,public surveillance and fine punishment.