An International Seminar on Criminal Penalty Execution and Human Rights Protection was held in Kunming, capital of Yunnan Province from November 28-29, 2005. Sponsored by the Chinese Supreme People＇s Procuratorate, t...An International Seminar on Criminal Penalty Execution and Human Rights Protection was held in Kunming, capital of Yunnan Province from November 28-29, 2005. Sponsored by the Chinese Supreme People＇s Procuratorate, the UNDP, the Norway Parliament Administrative Supervisor＇s Office and the China International Economic and Technical Exchange Center of the Ministry of Commerce, the seminar was attended by more than 190 Chinese and foreign representatives from the International Prosecutors＇ Association,展开更多
Since the ＂five -punishment＂ system was established from the period of the slavery society of the Western Zhou Dynasty, corporal punishment has been always in existence as a tool used by the rulers to punish people ...Since the ＂five -punishment＂ system was established from the period of the slavery society of the Western Zhou Dynasty, corporal punishment has been always in existence as a tool used by the rulers to punish people in ancient China. Although corporal punishment was abolished in the punishment sentencing reform of Emperor Wen of Han, it was further developed and improved in the penalty system of the Sui and Tang dynasties. However, it was restored in the Song, Liao, Yuan, Ming, and Qing Dynasties, etc. From the studies of the corporal punishment change, the reform law of the penal system in ancient China can be found, and also the significance of ancient Chinese corporal punishment reform to the progress of criminal penalty can be sought. Meanwhile, it is of vital significance to knowing well the development of China＇s legal history and improving the current penal system.展开更多
China’s existing punishment system is rational in that it accords with realities and is based on historical continuity.Any adjustments should only be premised on maintaining its basic framework and upholding the spir...China’s existing punishment system is rational in that it accords with realities and is based on historical continuity.Any adjustments should only be premised on maintaining its basic framework and upholding the spirit of the rule of law while promoting equitable human rights protection and efficient social governance.That is,the administrative detention stipulated in such administrative laws as the Public Security Administrative Penalties Law should be abolished;the type of penalty in these laws should optimized;and at the same time all penalties aimed at depriving people of their liberty should be transferred to the Criminal Law.Whether deprivation of liberty is involved should be made the criterion for distinguishing the range of adjustments to the Criminal Law and those administrative laws that stipulate penalties.Therefore,judgments of the punishability(strafbarkeit)of criminal penalties should be made the main basis for adjusting the de jure boundaries of the scope of the Criminal Law.We should develop a rational and balanced criminalization path and a reasonable and just system of punishment.展开更多
文摘An International Seminar on Criminal Penalty Execution and Human Rights Protection was held in Kunming, capital of Yunnan Province from November 28-29, 2005. Sponsored by the Chinese Supreme People＇s Procuratorate, the UNDP, the Norway Parliament Administrative Supervisor＇s Office and the China International Economic and Technical Exchange Center of the Ministry of Commerce, the seminar was attended by more than 190 Chinese and foreign representatives from the International Prosecutors＇ Association,
文摘Since the ＂five -punishment＂ system was established from the period of the slavery society of the Western Zhou Dynasty, corporal punishment has been always in existence as a tool used by the rulers to punish people in ancient China. Although corporal punishment was abolished in the punishment sentencing reform of Emperor Wen of Han, it was further developed and improved in the penalty system of the Sui and Tang dynasties. However, it was restored in the Song, Liao, Yuan, Ming, and Qing Dynasties, etc. From the studies of the corporal punishment change, the reform law of the penal system in ancient China can be found, and also the significance of ancient Chinese corporal punishment reform to the progress of criminal penalty can be sought. Meanwhile, it is of vital significance to knowing well the development of China＇s legal history and improving the current penal system.
基金This article is part of the results of the 2016 National Social Science Fund of China project“Research on the Theoretical Model and the Institutional Practice of Amendments to China’s Criminal Law”(16ZDA061).
文摘China’s existing punishment system is rational in that it accords with realities and is based on historical continuity.Any adjustments should only be premised on maintaining its basic framework and upholding the spirit of the rule of law while promoting equitable human rights protection and efficient social governance.That is,the administrative detention stipulated in such administrative laws as the Public Security Administrative Penalties Law should be abolished;the type of penalty in these laws should optimized;and at the same time all penalties aimed at depriving people of their liberty should be transferred to the Criminal Law.Whether deprivation of liberty is involved should be made the criterion for distinguishing the range of adjustments to the Criminal Law and those administrative laws that stipulate penalties.Therefore,judgments of the punishability(strafbarkeit)of criminal penalties should be made the main basis for adjusting the de jure boundaries of the scope of the Criminal Law.We should develop a rational and balanced criminalization path and a reasonable and just system of punishment.
