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On the Reform of Non-penalization in China

Author: GuoXiaoYi
Tutor: ZhaoXiangRu
School: Hunan University
Course: Criminal Law
Keywords: Depenalization Criminal Reconciliation Security and Disciplinary System
CLC: D924.1
Type: Master's thesis
Year: 2009
Downloads: 139
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Abstract


Depenalization under the influence of the thinking of modern criminal law and criminal policy has become the subject of the penal reform movement in most countries of the world , and this has had a significant and profound impact on the traditional criminal law countries . In this context , China 's non- penalty reform also been put on the agenda . Depenalization is able to continuous development , there is a strong theoretical support in its back . Restraining Criminal Law philosophy from the depenalization the angle , the criminals at the case of the concept of Humanitarian offender resocialization philosophy , restorative justice concept study and absorb the essence of these ideas to promote the non- penalty reform in China . In addition, from say for sure that with the the deny that dispute as well as the point of view of the judicial practice demonstrated depenalization reform necessity ; criminal policy and criminal legislation and judicial point of view and from the social development demonstrated depenalization reform feasible Xing , China's the depenalization reform is a necessity and feasibility . Examine ways to realize foreign depenalization , combined with the status quo of China 's judicial system based on two levels of depenalization reform should expand : First of all, the reform of China 's non-criminal sanctions , which the application of penalties range of substantive restrictions . Including the reform of China 's non- penalty approach , the probation system , to complete the construction of the Criminal Reconciliation System . Secondly , through the building of the Security Measures system , to make up for the lack of penalty function to restrict the scope of application of the penalty . Depenalization reform issue has strong theoretical value and practical significance , should arouse the attention of the criminal law field . The subject of research will enrich information about the depenalization the theory , on the Improvement of the criminal law theory will play an invaluable role . Depenalization reform helps judicial practice , to solve a non-punitive approach , suspended for non- criminal measures in the judicial practice ; , but also for the reeducation-through-labor system in China is currently being implemented the reform of the system to find a way out .

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