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The Legislative Setting for the Degree of Penalty Research

Author: LuoMingHua
Tutor: OuJinXiong
School: Guangxi University for Nationalities
Course: Criminal Law
Keywords: Of punishment Set up Criminal Policy KINDS OF PUNISHMENT Penalty structure Sentencing
CLC: D914
Type: Master's thesis
Year: 2011
Downloads: 38
Quote: 0
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Abstract


Settings involving human right to life , liberty , property rights , right of reputation and political rights deprivation or restriction of punishment legislation set incorrectly will cause significant danger or harm these rights of the citizens , therefore , a reasonable set of the severity of the penalty is very important . Of penalty levels set to temper justice with mercy , and to loose the main criminal policy as legislation guiding ideology , the protection of human rights , humanitarian , Modesty and balance of crime legislation throughout the penalty levels set always showed in the Penal Code General Provisions perfect the penalty ladder design , major changes to the penalty structure , improve the legislative statutory punishment fits the crime . Including the maximum penalty ladder penalty perfect the penalty method 's perfect , establish alternative measures of the death penalty , the improvement of life imprisonment , alternative measures of free criminal the General Provisions legal punishment fits the crime expansion and structural adjustment . Performance of the Criminal Law , slashed the death penalty charges , strict restrictions applicable to life imprisonment and longer-term imprisonment , to expand the application of non-custodial sentence , the statutory maximum of the Punishment and the statutory minimum for some sin of the Punishment adjust rational allocation of legal punishment structure . In short, the the penalty severity of legislation setting should be rational , to maximize public recognition and promote the formation of the National abiding sense of the Penal Code as a model of the Civil Rights Criminal Law .

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