Research On The Low Application Rate Of Regulated Punishment In Judicial Practice

It is China's original restriction of free punishment-regulated punishment.It has the characteristics of openness of execution,socialization of execution,and milder punishment.It follows the current trend of international criminal punishment mitigation and socialization of execution.The development trend is also in line with China's current lenient and strict criminal system.So far,China has made several amendments to the regulatory penalty,and its scope of application has continued to expand.It should be better applied to judicial practice.However,in practical cases,its application rate is extremely low.In the context of the mitigation of punishment and the socialization of execution,the control of punishment has advantages that other types of punishment cannot replace.Therefore,it is an urgent task to find out the reason for its low application rate,complete it,and improve its application rate.This article is divided into five parts.The first part is an introduction,which mainly discusses the proposition and research significance of the dissertation questions,the current status of domestic research,research priorities,difficulties,innovations and research methods.Through this part of the writing,the author can understand the background of the problem and the current status of domestic research,sort out and comment on the issue of control punishment,and prepare for the writing of the thesis.The second part is the legislative evolution,function and value of the penalty.It mainly expounds the legislative development and the value and function of the penalty.In the author's opinion,as the only type of punishment in China that restricts free punishment,the control penalty is in line with the trend of mitigation of the world's punishment.It also conforms to the idea of fairness and economic punishment,and has profound theoretical support.In addition,the control penalty The punishment and the preventive,educational,and transformative effects are not only consistent with the nature of the penalty,but also with the concept of guiding the criminals to reintegrate into society advocated by the education bank.Based on a higher perspective,the value and function of the punishment are analyzed.Not only will it help to increase awareness of the regulatory penalty,but it will also help increase its application in judicial practice.The third part is the author's investigation and analysis on the implementation of the control penalty in Haidong City,Qinghai Province.This part mainly investigates and analyzes the implementation of the control penalty in Haidong City,Qinghai Province.The introduction of community correction as a new form of enforcement is to improve Opportunity to regulate the rate of application of punishment.However,the community correction system itself is still in the experimental stage,which has encountered various obstacles in practical application.The core of a sound community correction system is to establish a professional community correction law.The key measure is to improve related supporting measures.Establishing and implementing control penalties effectively and imposing certain punishments on offenders who fail to comply with the community corrections obligation of control penalties are conducive to enhancing the enforcement of control penalties and also a necessary safeguard to increase the application rate of control penalties.The fourth part mainly studies the current judicial situation of the low rate of control punishment in China.In this part,the author summarizes the current research in view of the current extremely low rate of application of control punishment in our country,and puts forward the main reasons of which are the unclear target of application,narrow scope of application,insufficient supervision,and severe punishment.In addition to the constraints brought by the judicial concept,in addition to the misalignment of the relationship between the control sentence and probation and the large-scale adoption of probation,the living space of the control sentence is restricted,and the combination of the control sentence and other penalties has not been well The solution to this problem has led to judicial officials' reluctance to apply control penalties,as well as research on reasons such as the low rate of control penalties.The fifth part puts forward suggestions to improve the application rate of control penalties from the aspects of improving legal rules,judicial application and increasing influence of control penalties.The author believes that,at the legislative level,firstly,the scope of the application of control penalties needs to be determined,and then the scope of use of control penalties should be reasonably expanded;in the judicial aspect,it is necessary to establish supporting mechanisms for the implementation of control penalties,improve the establishment of community correction institutions,and strengthen community corrections.Staff building.