The purpose of penalty runs through the whole process of national criminal legal activities, embodies the principles, policies and guiding ideology of the state in formulating, applying and executing penalties, determines the establishment of penalty system and types, and is the starting point and final destination of the whole penalty system. Therefore, it is of great significance to study the purpose of punishment, and the reasons are mainly reflected in the following points:
1. The purpose of penalty restricts the formulation of penalty.
The purpose of punishment must have a corresponding punishment system as a means to achieve it, and what kind of punishment system there will be. In criminal legislation, the establishment of penalty system, the establishment of penalty system, and even the choice of statutory punishment for specific crimes are closely related. The penalty system based on different penalty purposes is different from content to form. Therefore, the purpose of penalty is to determine the orientation of penalty system in criminal legislation.
2. The purpose of penalty determines the application of penalty.
The purpose of penalty plays a decisive role in the application of penalty. Different understanding of the purpose of punishment may lead to completely different sentencing results for the same crime. People who aim at punishment always take the crime that has happened as the only basis for sentencing. For criminals, regardless of whether they may commit crimes in the future, they must be given heavy sentences; For those who commit minor crimes, even if there is a great possibility of committing them again in the future, they will only be given a lighter punishment. On the contrary, people who aim at reform always decide the severity of punishment according to the possibility of recidivism. For those who are likely to commit another crime, even if the crime committed is very light, they will be sentenced to heavy punishment; For those who are unlikely to commit another crime, no matter how serious the crime is, they will only be given a lighter punishment. It can be seen that the purpose of penalty directly affects the result of penalty discretion. Whether to impose punishment, how to choose the type of punishment and how to determine the severity of punishment are closely related to the purpose of punishment. Therefore, the purpose of penalty is of great value to the application of penalty.
3. The purpose of penalty guides the execution of penalty.
The purpose of penalty is not only reflected in the formulation and application of penalty, but also in the process of penalty execution, which guides the implementation policy and practice of a country. The purpose of penalty directly guides a country's execution policy and practice, and the way, content and treatment of criminals of penalty execution are also adapted to the purpose of penalty.
(2) The practical significance of the research on the purpose of punishment in China.
In reality, people's words and deeds are guided by their own purposes, and there can be no aimless behavior. When a society formulates, applies and executes punishment, it must be guided by its purpose. As the fundamental guarantee of criminal law and law implementation, it is more practical to clarify its purpose. At present, China's criminal policy of combining leniency with severity not only conforms to the preventive principle of penalty purpose, but also meets the requirements of the development of today's harmonious society.
1. Connotation of criminal policy of combining leniency with severity
Through the analysis of three key words: leniency, strictness and economy, we can reveal the criminal policy of combining leniency with severity. ?
Combining leniency with severity means leniency, leniency and tolerance. The width of combining leniency with severity has the following two meanings: one is that the light is light, and the other is that the heavy is light. It is the meaning of the principle of balance between crime and punishment, and it also meets the requirements of criminal justice. For those relatively minor crimes, relatively minor punishments should have been given. Heavier than lighter means that the crime is serious, but the defendant has legal and discretionary circumstances such as confession, surrender or meritorious service, and when he should have been sentenced to a heavier punishment, he should be pardoned according to law and sentenced to a lighter punishment. The emphasis on lighter punishment reflects the influence of criminal law on criminals and is of great significance to encouraging criminals to repent and reform.
The strictness of combining leniency with strictness refers to strictness, strictness and heaviness. Strict here means strict laws, and those who are guilty will be punished. Severe means severe punishment and heavier punishment. Serious means that judicial activities are carried out according to law, without favoritism. Italian criminal jurist Beccaria believes that punishment is not severe, but the principle that criminals are punished in time. Therefore, although the strictness of combining leniency with severity contains both the spirit of strictness and the spirit of strictness, we should emphasize strictness, that is, those who should be treated as crimes must be treated as crimes, and those who should be punished by punishment must be punished by punishment. Of course, we must persist in cracking down on serious crimes, that is, we must give full play to the deterrent effect of punishment.
The relief of combining leniency with severity has two meanings: one is relief, that is, combining leniency with severity. The leniency of punishment is relative, for example, the suspended execution of death penalty is a kind of leniency compared with the immediate execution of death penalty; However, compared with life imprisonment, suspended death sentence is a severe treatment. Because the combination of leniency and strictness is relative, there is no width without leniency, and there is no width without strictness. Therefore, it is necessary to help strictness with leniency, that is, to embody strictness through leniency; To be lenient and strict is to be lenient and strict. The second is the combination, that is, the so-called combination of leniency and strictness, and strictness is wide. Although there are differences between leniency and strictness, different punishments should be adopted for different periods, different crimes and different criminals: the leniency is lenient and the strictness is strict. However, this does not mean that it is broad but not strict, or strict but not wide. In fact, there is neither absolute width nor absolute strictness, and the two should be combined. For example, the policy of severely cracking down on serious crimes focuses on severe punishment, which does not mean that the heaviest punishment is indiscriminately imposed. Although some criminals have committed extremely serious crimes and should be severely punished by punishment, if they confess, surrender or perform meritorious service, they should be given a heavier punishment while being lenient, so that criminals can feel the sympathy of punishment and the justice of law while being severely punished, so as to plead guilty and obey the law.
2. Specific measures to implement the criminal policy of combining leniency with severity under the premise of harmonious social development.
First, deeply understand the legislative spirit of criminal law, adhere to the general principles of criminal law, and earnestly grasp the specific provisions of criminal law.
In judicial practice, we should carry out the policy of cracking down on criminal cases and lightly suspending sentences under the legal framework, and adhere to the principles of humanitarianism, rule of law and justice. In dealing with criminals, the law stipulates that the strictness must be strict and the leniency must be wide. It is necessary to accurately and profoundly understand the criminal policy of strike hard, strictly limit the targets of strike hard, and combine leniency with severity to reflect the pertinence and accuracy of strike hard. However, the policy of light probation should also master strict applicable objects and conditions, and light probation is by no means.