Benefit Analysis Of Mitigating Penalty

The reason why the spirit of law can be eternal in penal law is its accordance with the changes of the society.The evolution of penalties is not straight forward,but spiral rise as the Time changes.Compared with the crime,the criminal penalty becomes more an d more lightened.lightened punishment,opposed to tionism,means that the criminal penalty is more relaxed than before.However,doctrine of severe punishment has a long and profound foundation in our country.Therefore,in order to make the criminal penalty more efficient,the country need to find a way to make penalty configuration scientifical.how to reverse the concept is an important issue of us.This article aim s to find the penalty configuration changes before now,by analyzing the development tendency of China's penalties mitigation by establishing the previous amendments to the criminal law.Then by using the basic principles of law and economics this article will try to put forward the optimization suggestion to the penalty structure in order to realize the optimal punishment benefit.