Research On Incorporating "Deprivation Of Credit" Into Penalty System

There exists the problem of "not attaching importance to the heavy,but not attaching importance to the light" in China's penalty system.The so-called heavy person is not heavy,refers to the face of heavy criminals,the penalty is too light,life imprisonment penalty execution period is too short,and there is a clear gap between the death penalty,which makes judges in the face of some serious consequences,but killable or not killable criminal acts may fall into a dilemma,may apply the death penalty,which is also one of the reasons leading to excessive death penalty.Although the death penalty reprieve is a way of death penalty,in order to bridge the gap between death penalty and life imprisonment,the death penalty reprieve has developed into an independent penalty.The so-called minor offence is not minor,which means that our country's minor offence is generally sentenced to less than three years of fixed-term imprisonment,detention and control of criminal acts,which is still too heavy compared with other countries' provisions on minor offences.In some countries,minor offences refer to criminal acts sentenced to fixed-term imprisonment of less than one year;moreover,the application rate of control in our country is very low,and the legal provisions of control are close to the "zombie clause".Therefore,in the face of minor criminal offences,not only should the length of fixed-term imprisonment be reduced,but also it is necessary to develop new penalty means to deal with such minor criminal acts.In minor criminal acts,including first and occasional offenders with less serious consequences,sometimes negligent offences,sometimes offences caused by angry neighbourhood quarrels,offenders often have many obstacles to crime,and offenders and victims have a broad basis for reconciliation.For such criminal acts,rather than imprisoning the offenders,it is better to reconcile through conciliation and reconciliation.Approaches may achieve better social outcomes.The application of imprisonment in large quantities is not only harmful to the reform of criminals and their social reintegration in the future,but also a heavy burden on the country from the judicial cost.Moreover,most of the crimes in real life are minor crimes,so there is a broad prospect to develop a non-imprisonment penalty based on negotiation and reconciliation.The purpose of penalty includes two aspects: retaliation against criminal acts and education rescue of criminals.Then,in the face of minor crimes,the role of penalty is mainly education rescue of criminals.In order to implement the value concept of penalty,this paper attempts to introduce a short-term imprisonment penalty as an alternative punishment-deprivation of credit,that is,deprivation of the qualifications of criminals to engage in specific acts within a certain period of time,without restricting the personal freedom of criminals,as a way of punishment for criminals.On the other hand,because of the criminal record system,criminals are confronted with various occupational restrictions in the process of returning to society after serving their sentences,regardless of the cause of the crime and the circumstances of the crime.The criminal record system is similar to a label,that is,it has the effect of depriving credit and "bearing the burden of one's life once convicted".This is the manifestation of the concept of severe punishment in the process of dealing with minor crimes,so that the punishment of "deprivation of credit" is invisibly hidden in the penalty system.This article tries to mark this invisible punishment clearly and stipulate it as a new and independent punishment means.When should criminals be labeled as "deprivation of credit" is clearly stipulated in the legal provisions to avoid the harm of this invisible punishment to criminals.This article intends to discuss the theoretical basis,origin,concept,specific penalty measures,existing prospects and significance of "deprivation of credit".The research methods used in this paper include literature research method,qualitative analysis method,experience summary method,comparative method and so on.