On The Legal Application Of Non-custodial Punishment In Our Country

Since entering the new century,China's economy and society has entered a "strategic opportunity period" of development.While facing the development opportunities,China is also facing the problems and challenges brought about by social transformation.The interests are diversified and social contradictions are complicated.Criminal crimes still show a high incidence in a certain period.Under the new situation,we should give full play to the traditional function of "punishing crime and protecting people" of criminal law,and attach importance to its due social function."Effective settlement of contradictions and disputes and restoration of social relations damaged by crime" is the new requirement and expectation of the construction of a harmonious society.In the application of penalty,non-custodial penalty plays an unparalleled role in preventing and reducing crimes and protecting human rights with its advantages of leniency,humanity,applicable economy,socialization and harmony,and expanding and standardizing the application of non-custodial penalty has become a new topic.This paper summarizes the experience of the application of non-custodial penalty as the main line,from micro to macro,from cases to phenomena,from case statistics to data analysis,a comprehensive and detailed analysis of the non-custodial penalty application shows the development trend and application effect.In the attitude of seeking truth from facts,and in the standpoint of Marxist dialectical materialism and historical materialism,this paper strips the guiding ideology of the long-standing application of non-custodial punishment from one level to another,analyzes the standpoint and standpoint of its application in methodology,and uses the developing standpoint,dialectical standpoint and contradiction analysis standpoint.The point of view and general connection are discussed.Based on the basic experience gained in the application of non-custodial penalty,this paper defines the function of non-custodial penalty scientifically,accurately refines and grasps the relationship in application,and provides a theoretical basis for the integration and linkage of non-custodial penalty.Expanding the application of non-custodial penalty,improving the fairness and openness of non-custodial penalty,and improving the social identity of non-custodial penalty have played an important role in preventing and reducing crimes.It can be reformed and explored to expand the application of non-custodial penalty in minor crimes according to law.