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The Legislative Perfection on the Penalty Structure of China Takeing the Policy Combining Leniency with Severity as Angle of View

Author: FangShuMei
Tutor: HeLiRong
School: Guangxi University for Nationalities
Course: Criminal Law
Keywords: Temper justice with mercy Criminal Policy Penalty structure Legislation
CLC: D924.1
Type: Master's thesis
Year: 2009
Downloads: 184
Quote: 0
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Abstract


There are broad areas of criminal policy, narrow and most narrow sense, this paper uses a narrow concept of criminal policy, the State to prevent and suppress crime for the purpose of the use of punishment and penalties have a similar effect with the various systems and the perpetrators have Crime dangerous criminal who adopted countermeasures. This mainly refers to the alleged criminal penalty structure allocation ratio between species as well as the stable form of interconnectedness. Criminal penalties for structural adjustment policies have important guiding significance. This paper discusses in The Criminal Policy under the guidance of the restructuring of the penalty issue. In 2005, reflecting on the \between organic convergence. But China's current penalty structure there are many defects, and criminal policy of combining punishment with leniency requirements there is a big gap in: types of penalties, especially light punishment too few species; death penalty charges too much; control punishment, criminal fine, eligibility and other light punishment types of penalties legislation is not perfect, leading to its judicial application rate is extremely low; reprieve and life imprisonment lack of severity, on the one hand, and the death penalty reprieve gap is too large, there is a fault, it also led to the actual reprieve and life imprisonment Criminal spend close to. This allocation ratio lopsided, torture kinds suddenly suddenly small gap between the penalty structure is seriously hindered the criminal policy of combining punishment with leniency in the penalty area of ??legislation are implemented. Therefore, you must temper justice with mercy criminal policy guidance, combined with China's national conditions, from Western successful legislative experience, the existing penalty structure to be adjusted and improved. Specific measures are: Community Service Sanction; expand eligibility natural punishment of crime types, increasing the qualifications of corporate crime punishment; further restrictions on the death penalty applicable conditions; enhanced control punishment punitive; would rise mainly criminal criminal fine and to expand its scope; Enhanced harshness of reprieve, commutation reprieve after repeatedly committing the actual implementation of the sentence of not less than 30 years; commuted to life imprisonment and can not be commuted into two kinds of tests made after the expiration of reprieve, the majority can be commuted into indefinite imprisonment, commuted to life imprisonment can not be converted to a small number, so that reprieve may be commuted to life imprisonment with a smooth convergence; enhancement can be commuted to life imprisonment severe, can be commuted to life imprisonment and five years after more than 30 years can be reduced to 35 years in prison repeatedly commutation, the actual execution of the sentence shall not be less than 20 years; imprisonment ceiling will be raised to 20 years, so that may be commuted to life imprisonment with dovetail.

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