A Study On The Perfection Of Penalty Allocation For The Crime Of Infringing Property

Penalty is the result of crime,the disposition of penalty should follow the characteristics of crime,and the disposition of penalty should also be a dynamic process of continuous development and perfection.However,due to the lack of in-depth analysis of the crime,the restriction of the inherent penalty concept and the limitation of the legislative technology,the present allocation of penalty in our country can not adapt to the complicated crime,which has brought many problems to the judicial practice.Under this background,it is particularly necessary to choose the crime of infringing property as a crime of high incidence,start with the judicature,and make a systematic study on the penalty allocation in its legislation,which will serve as an opportunity to perfect the penalty system of our country.And then cause the comprehensive thinking of our country's penalty system.Therefore,this study is of great theoretical significance to both the perfection of penalty allocation for crime of infringing property and the perfection of penalty system of our country,and to improve the existing situation of separating crime from punishment.It emphasizes the correspondence between charge and penalty.In practice,in view of the present situation of blind application of fine in the crime of infringing property,the author puts forward that the fine punishment should be treated differently and rationally,under the background that the country spends a lot of energy to solve the difficulty of execution,this is also a timely warning.At the same time,a more scientific disposition of punishment can also make the judiciary more reasonably apply the penalty,and effectively reduce the defects of the present penalty allocation.The harm done.The enhancement of the operation of control punishment and the application of socialization of execution will make the execution of punishment more specific and targeted.Only in this way,the penalty will not be reduced to a mechanical tool,and the purpose of criminal activities can be truly realized.The full text is more than 40,000 words,divided into four parts,as follows:The first part is about the present situation of penalty allocation for the crime of infringing property.The object of this paper is the crime of infringing on property in a narrow sense,that is,the crime of infringing upon property,which is clearly stipulated in Chapter 5 of the Criminal Law of our country.This part mainly investigates the present situation of penalty allocation in legislation and application of penalty in judicature for the crime of infringing property.In order to have an intuitive and clear grasp of the punishment allocation of the crime of infringing property in the legislation,and also to grasp the current situation of the punishment of the crime of infringing property from the judicial level.At the same time,through the analysis of the present situation above,the author summarizes the defects in the disposition of penalty for the crime of infringing property in the judicial practice,including: freedom The penalty is slightly out of balance,the fine is blind,the control penalty is empty,the qualification penalty is a little single and the short term imprisonment is too much.The second part examines the application of penalty for the crime of infringing property.This part mainly analyzes the defects of penalty allocation of crime of infringing property,their harm and the reason of these defects.First of all,in view of the performance of the problems summarized in the previous part,tracing back to the defects of penalty allocation,mainly: the lack of proportionality of free punishment,the excessive dependence of fine punishment,The deficiency of the maneuverability of control punishment and the lack of pertinence of some penalty measures.Secondly,aiming at these defects,the possible harm is discussed.The lack of proportionality of free punishment will cause the imbalance of crime and punishment,too much dependence of fine will waste judicial resources and control the operation of punishment.The deficiency of nature will make the penalty measure become a mere formality,and the lack of pertinence of some penalty measures will greatly affect the effectiveness of the penalty.Finally,this paper analyzes the causes of these legislative defects,mainly: the analysis of the charges is not deep,the restriction of the concept of punishment and the limitation of legislative technology.The third part is the foundation of penalty allocation of crime of infringing property.This part mainly discusses the basic requirements and principles of penalty allocation for crime of infringing property.In order to make the penalty more pertinence and practical maneuverability,we must analyze the characteristics of the crime of infringing property,and of course,we must meet the requirements of the purpose of the penalty.This paper puts forward the principle of proportionality,individualization,effectiveness and socialization in order to guide the concrete measures of penalty allocation for crime of infringing property.The fourth part is the perfection of penalty allocation of crime of infringing property.This part mainly is a perfect suggestion to the penalty disposition of the crime of infringing property.According to the above summarized various kinds of problems one by one put forward solutions,including: reconstruction of the free punishment configuration,the specific way is to innovate the description of crimes against property and to change the setting model of free punishment;To enhance the maneuverability of the punishment of control,it is necessary to start with the content and procedure of the punishment of control;By analyzing the advantages and disadvantages of the fine in the crime of infringing on property,we can not blindly expand the application of the fine in the crime of infringing on property.We should distinguish and treat the fine rationally.Punishment;Strengthening the pertinence of some penalty measures is mainly to enrich the connotation of qualification punishment and the application of socialization of execution,and to set up more targeted qualification punishment according to the specific characteristics of the crime of infringing property.Rather than the current general deprivation of political rights,a qualification penalty.The socialization of execution can avoid the malpractice of short-term free punishment,and at the same time,adopt the execution mode of semi-imprisonment,so that they can get a small amount of remuneration through certain social services in the society.This will be more effective for the rehabilitation of such criminals.The governance of crime should not only depend on punishment,but also recognize the limitation of punishment to crime,and realize that the governance of crime cannot be accomplished overnight.As the crime becomes more and more complicated,how to make the penalty exert the maximum effect and play the proper role of the penalty is a proposition that needs constant effort and exploration.