Research on Methods of Exempt from Criminal Punishment of Coping with the Slight Crime
Qian Yeliu
Abstract
Qian Yeliu
Abstract
The method of the non-penalty punishment in our penal code refers to the fact that we can apply other practical punishment on some criminal who just carried out some misdemeanor and exempted from criminal punishment.This is also a method to realize the criminal responsibility.And the article 37th in penal code should be understood as an independent cause of exempt from punishment.In allusion to the status that the method of the non-penalty punishment in the judicatory practice is deficient in long run,we should add the sorts of method of the non-penalty punishment during the legislating process and try to improve the system of the method of the non-penalty punishment in order to realize the pluralism and mitigation of the criminal punishing methods;Judicially,we should change the traditional retribution ideas of the principle of punishment following at the heels of crime and establish the concept of economy of criminal law and ultimateness.As to those who carried out misdemeanor and the punishment is selective,we should apply the method of the non-penalty punishment for priority,thus exerting the efficiency of punishing the criminal of misdemeanor and educating and realizing the depenalization at most.
A significance statement is not available in the OpenAlex record.
A contribution statement is not available in the OpenAlex record.
Method details are not available in the OpenAlex metadata.
Findings are not separately available in the OpenAlex metadata.
Limitations are not available in the OpenAlex metadata.
Application details are not available in the OpenAlex metadata.
The method of the non-penalty punishment in our penal code refers to the fact that we can apply other practical punishment on some criminal who just carried out some misdemeanor and exempted from criminal punishment.This is also a method to realize the criminal responsibility.And the article 37th in penal code should be understood as an independent cause of exempt from punishment.In allusion to the status that the method of the non-penalty punishment in the judicatory practice is deficient in long run,we should add the sorts of method of the non-penalty punishment during the legislating process and try to improve the system of the method of the non-penalty punishment in order to realize the pluralism and mitigation of the criminal punishing methods;Judicially,we should change the traditional retribution ideas of the principle of punishment following at the heels of crime and establish the concept of economy of criminal law and ultimateness.As to those who carried out misdemeanor and the punishment is selective,we should apply the method of the non-penalty punishment for priority,thus exerting the efficiency of punishing the criminal of misdemeanor and educating and realizing the depenalization at most.
Key concepts: Misdemeanor, Punishment (psychology), Retributive justice, Criminal law, Criminology, Law, Criminal justice, Theory of criminal justice