On the Leniency of Criminal Punishment

Author: Huang Huasheng
Publisher:
Publish Date: 2006-05-01
Features: This paper focuses on discussing the rationale for the lenitization of punishment from a macro perspective and arguing for the overall concept of China's lenitization of punishment reform. The entire paper is structured into seven chapters. The first chapter interprets the meaning of the lenitization of punishment, analyzing its five levels of meaning, and then distinguishes it from related concepts to further grasp its meaning. The second chapter, in chronological order, reviews various ideas on the lenitization of punishment since modern times, divided into four sections to comment on the lenitization of punishment thoughts of Enlightenment thinkers, the classical school of criminology, the positivist school of criminology, the new social defense theory, and the restorative justice model. The third chapter, based on and utilizing the research findings of criminology on crime phenomena and crime causes, as well as the research findings of criminology on the effectiveness of punishment, reveals and critiques the limitations of the retributive criminal policy in crime control effectiveness, arguing for the rationality of the lenitization of punishment. The fourth chapter, starting from the value of humanitarianism and the principles of penal humanitarianism, argues for the ethical justification of the lenitization of punishment. The fifth chapter, from a sociological perspective, argues for the economic, social structural, and political foundations of the lenitization of punishment, thereby revealing the objective necessity of the lenitization of punishment under conditions of a market economy, civil society, and democratic politics. The sixth chapter provides a panoramic overview of the history and current status of the lenitization of punishment in countries around the world, summarizing the conclusion that the lenitization of punishment is a global trend and inevitable direction of criminal law reform. The last chapter focuses on China, first analyzing the manifestations and reasons of China's retributive criminal policy, then arguing for the justification of China's implementation of the lenitization of punishment, particularly clarifying several misunderstandings about the direction of China's penal adjustment, and finally elaborating on the short-term goals and supporting measures of China's lenitization of punishment reform.
This paper focuses on discussing the rationale for the lenitization of punishment from a macro perspective and arguing for the overall concept of China's lenitization of punishment reform. The entire paper is divided into seven chapters: The first chapter interprets the meaning of the lenitization of punishment and distinguishes it from related concepts; the second chapter, in chronological order, reviews various ideas on the lenitization of punishment since modern times; the third chapter, based on and utilizing the research findings of criminology on crime phenomena and crime causes, as well as the research findings of criminology on the effectiveness of punishment, reveals and critiques the limitations of the retributive criminal policy in crime control effectiveness, arguing for the rationality of the lenitization of punishment; the fourth chapter, starting from the value of humanitarianism and the principles of penal humanitarianism, argues for the ethical justification of the lenitization of punishment; the fifth chapter, from a sociological perspective, argues for the economic, social structural, and political foundations of the lenitization of punishment; the sixth chapter provides a panoramic overview of the history and current status of the lenitization of punishment in countries around the world; the last chapter focuses on China, analyzing the manifestations and reasons of China's retributive criminal policy, arguing for the justification of China's implementation of the lenitization of punishment, particularly clarifying several misunderstandings about the direction of China's penal adjustment, and finally elaborating on the short-term goals and supporting measures of China's lenitization of punishment reform.