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The evolution of the revelation of the penal system in Europe

Author: XieChenJie
Tutor: ChenHaoRan
School: Fudan University
Course: Legal
Keywords: penalty penalty in Europe reform
CLC: DD914
Type: Master's thesis
Year: 2010
Downloads: 57
Quote: 0
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It’s significant to make good use of crucifixion to play a positive effect of the penalty and avoid its negative effects as much as possible in the social transformation and prominent social contradiction days. Whatever the period of National Government or New China, criminal justice system of continental legal system has a deep impact on the modernization of China’s legal system. Legal states experienced different historical periods and the existed problems which are similar to our country today. Europe has experienced a period of high crime at the beginning of last century, which caused penal reform and substantial adjustments in the criminal policy. For today’s condition, it is a positive response to the social reality of penal reform according to the circumstance.It is understandable when we not only diagnose the troubles of the existing penalty system for self-treatment but also learn from the useful experiences of the legal state actively, especially the methodology of penal reform. And that makes our criminal justice system perfect. Based on the criminal justice system and reform process of European countries, the paper explores the methods and reasons for penal reform to sum up the general characteristics and practices of penal reform by grasped typical examples. I will make appropriate recommendations according to the rational analysis of our criminal justice system.The paper mainly introduces the basic criminal justice system and reform process of related European countries, such as Greece, Portugal, Spain, Switzerland, Denmark and Sweden. These countries represent the Path of reform and development of European countries, especially the members of EU. While there is no work about the penal reform of these countries in China, their criminal justice system and reform experience worth our considering. IntroductionMake a statement about the meaning of Penalty Development in Europe to China’s penal reformChapter 1:Analysis of china’s existing penaltyIt surveys the existing penalty system from all perspectives:too wide range of statutory penalties from one perspective and punishment to the crime rates of species not coordination enough from another. Then it concludes the defects of china’s existing penalty, such as felony overall structure, low degree of mitigation; less types of penalties, simple provision and weak operation; problems of the setting between criminal property and punishment against freedom; weak accession punishment; low degree of community penalties. Chapter 2:History overview of penalty in European countries.The paper sums up the history of penal reform in European countries. Penal reform develops closely around the ebb and flow of constricted free punishment in European countries over the 20th century. Constricted free punishment plays a different role in the changes of social circumstances. They reach remarkable achievements through the measures of short-term sentence of imprisonment in the past 20 years. There are more than 20 kinds of specific measures that replaced short-term sentence of imprisonment, for example, community service sanction with universal practical significance.Chapter 3:The introduction to Penal reform and existing system of punishment in European countries.In this chapter, penal reform and existing system of punishment of typical countries are introduced. They are Greece, Portugal, Spain, Switzerland, Denmark and Sweden. It sums up General measures in these countries’penal reform through the specific reform process and analyzes later.Chapter4:Conclusion on the character of penal reform and analysis on the development trend in European countries.Generally speaking, development of penalty tends to relax in the world, but in specific conditions, it develops from one extreme to the other. That is to say, it reduces the misdemeanor and the punishment of moderate crime, even to decriminalization, non-penalization. However, it accumulates penalty and implements continuous policy of severe punishment for felony, especially to the malefaction such as against civic life, health, property, security and a greater threat to social order. From the perspective of specific penalty structure, abolishing the death penalty is an irresistible trend of history. Although death penalty has played an important role, punishment against liberty will be the winner at last. The pecuniary penalties will be more significance, and depenalization measures will be acquired great prominence.Chapter5:Proposals for penal reform in ChinaIn the paper, I will propose some practical recommendation for penal reform in China, such as transformation the structure of severe punishment to light punishment, implementation the mitigation of punishment, setting pecuniary penalty as the principal penalty, reconfiguration the punishment system. Conclusion

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