Research On The Felony Sanctions System

The felony sanctions system refers to an organism that is an organic combination of methods and systems for sanctioning felony crimes and other related socially harmful behaviors established by criminal law.At present,China has not divided all crimes according to the classification criteria,and there is no felony sanction system for felonies.By analyzing the current problems in China's related felony sanctions system,and drawing on the experience of foreign related felony sanctions systems,we propose specific improvements and reforms for the construction of China's felony sanctions system.In the field of criminal legislation in China,the concept of felony and the system of sanctions for felony have always been absent.There are also many viewpoints on the division of felony at home and abroad,and there are also many ways to divide felony crime in countries.The existing classification standards can not fully apply to China's actual situation.Combining the main theories of the theoretical world with relevant experience in determining the scope of felony in foreign countries,it is concluded that the classification criteria for felony in China should be based on the statutory penalty and the statutory penalty range.Criteria to determine the scope of felony.A felony refers to a serious social hazard,and all criminal acts with a statutory sentence ranging from fixed-term imprisonment of more than 3 years to the death penalty should be applied.The felony sanctions system is a set of sanctions system including entities and procedures designed for felony offenders.It should be composed of two functional systems with punishment and correction.The content includes the scope of sanctions,sanctions methods and sanctions regime.The establishment of the felony sanctions system is of great significance for realizing the rationalization of the criminal sanctions system,creating a sanctions enforcement approach for progressive treatment,and more effective treatment of felony offenders and promoting their resocialization.Based on mainstream academic viewpoints at home and abroad and the actual situation in China,this article determines the criteria for the classification of felony misdemeanors in China,draws the concept and scope of felony in China,and clarifies the scope of the felony sanctions system.Then,by analyzing the basic structure of the felony sanctions system and analyzing its basic components: the scope of the sanctions system,the methods of sanctions system,and the sanctions system of the felony system,the connotation of the felony system is determined.Examine the current sanctions system applicable to felony crimes,and analyze the problems of unreasonable death penalty allocation,uncoordinated free punishment setting,the disadvantages of additional punishment,the deficiencies of the commutation and parole system,and the uncertainty of felony security punishment.In the end,a sufficient improvement plan was discussed for the above problems,and a set of felony "dual-track" sanction system with a relatively complete punishment system and security punishment system was clarified.The construction of the felony sanction system in our country mainly includes a penalty system with a punitive function and a security sanction system with a correction function.In terms of the punishment system,it is based on the current punishment methods applicable to serious crimes to make improvements and reforms,reducing the allocation of death penalty,improving free punishment,reforming additional punishments,and constructing more reasonable ways of dealing.In terms of security sanctions,drawing on the experience of foreign countries with relatively complete security sanctions systems,we have added security sanctions that can be applied to felony crimes.At the same time,we have established a set of sanctions methods applicable to felony crimes in combination with China's current security sanctions.A sanction system for felony crimes,including sanctions methods,application procedures,and enforcement systems.Eventually,a dual-track felony sanction system of "penalty system + security punishment system" will be formed to play a more humane,more effective transformation and correction role for felony offenders.