论非监禁刑

On the Non-imprisonment Penalty

从世界范围来看,刑罚的发展经历了一个从野蛮到文明,从以死刑、肉刑为主到以监禁刑为主,再以非监禁刑为主的过程,这是刑罚向科学化发展的必然趋势。非监禁刑是在国际社会中得到广泛应用的刑罚措施,也是对社会、被害人、社区以及犯罪人本身有显著益处的刑罚措施。目前,西方发达国家已把现代化的行刑重点转向非监禁刑的适用,我国非监禁刑的研究才刚刚起步。从非监禁刑的理论依据、现实条件、国内外现状出发,针对我国现行《刑法》中的非监禁刑的立法、执法等现状,提出了构建非监禁刑体系的设想。

The development of penalty is a process from uncivilization to civilization . The first place has changed from death and corporal punishment to imprison penalty. Today, modern penalty tends to put more emphases on non-imprisonment penalty. Non-imprisonment penalty is a punishment measure accepted by the international society. On the other sides, it＇s clear that the non-imprisonment penalty does good to the society, the victim, the community and the criminal him- self. At present, the developed countries have transformed their penalty focus to the non-imprisonment penalty, however, the study of non-imprisonment penalty in China is few. This paper shows the theory foundation and the current conditions of non-imprisonment penalty. In accordance with the legislation and the enforcement of the new Criminal Law, the author makes an inquiry into the non-imprisonment penalty and the way to structure the system.