| The traditional theory of criminal law holds that the relationship between crime and penalty is a sufficient and necessary condition.The system of exemption from punishment provides a normative basis for conviction and exemption from punishment.With the impact of mitigation and economy of punishment,exemption from punishment has attracted more and more attention.The premise of exemption from punishment is to confirm that the criminal is guilty.Therefore,although no penalty is imposed,other sanctions can be given.Although China’s criminal law stipulates the circumstances of exemption from punishment,in the exemption from punishment system,there are still great disputes between the exemption from punishment expressly stipulated in the criminal law and the exemption from criminal punishment stipulated in Article 37 of the criminal law,and the relationship between exemption from punishment and other exemption clauses is also lack of systematic combing.There are also some important problems in theory and practice.Therefore,it is necessary to conduct in-depth research on the exemption system.This paper is mainly divided into four parts.The first part is an overview of the exemption from punishment system in China’s criminal law.In this part,it mainly expounds the legislative evolution and legislative basis of China’s exemption from punishment,studies the impact of China’s criminal policy of tempering justice with mercy on the exemption from punishment system,and looks for reference significance through the extraterritorial investigation of the exemption from punishment system.The analysis of the value basis of exemption from punishment embodies the mitigation of punishment,the individualization of punishment and the economy of punishment.The second part mainly clarifies the exemption from punishment in the criminal law.This part first combs the explicit provisions on exemption from punishment in the criminal law,and discusses whether there are implied exemption provisions in the criminal law.Secondly,it analyzes the relationship between "exemption from criminal punishment" and "exemption from punishment" in Article 37 of the criminal law,which has been discussed in the academic circles.Finally,it analyzes the relationship between exemption from punishment and other exemption provisions,and analyzes the relationship between exemption from punishment and no criminal punishment,no criminal responsibility and no criminal responsibility.And the relationship with the non investigation of criminal responsibility in criminal procedure law.The third part analyzes the current situation and difficulties of the application of the exemption system.It mainly investigates the current situation of the application of exemption from punishment in China and analyzes the problems found.This also paves the way for the application and improvement of the exemption system.The fourth part mainly discusses how to improve the main problems in the application of the exemption system shown by the actual survey results.This paper puts forward some humble ideas and suggestions,hoping that the exemption system can be more and more perfect and mature. |
