On the Leniency and Decriminalization of Punishments

Author: Huang Huasheng
Publisher:
Publish Date: 2006-05-01
Features: This paper focuses on exploring 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. Chapter one interprets the meaning of the lenitization of punishment and analyzes its five levels of meaning, then distinguishes the lenitization of punishment from related concepts to further grasp its meaning. Chapter two, in the order of historical development, reviews various thoughts on the lenitization of punishment since modern times, divided into four sections to comment on the lenitization of punishment ideas of Enlightenment thinkers, the classical school of criminology, the positivist school of criminology, the new social defense theory, and the restorative justice model. Chapter three relies on and utilizes the research achievements of criminology on crime phenomena and crime causes, as well as the research achievements of criminology on the effectiveness of punishment, to reveal and critique the limitations of the retributive criminal policy in crime control effectiveness, and argue for the rationality of the lenitization of punishment. Chapter four starts from the value of humanitarianism and the principles of penal humanitarianism to argue for the ethical justification of the lenitization of punishment. Chapter five takes a sociological perspective to argue for the economic foundation, social structural foundation, and political foundation of the lenitization of punishment, thereby revealing the objective necessity of the lenitization of punishment under the conditions of a market economy, civil society, and democratic politics. Chapter six 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 final chapter focuses on China, first analyzing the manifestations and causes 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, finally elaborating on the short-term goals and supporting measures of China's lenitization of punishment reform. This paper focuses on exploring 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: Chapter one interprets the meaning of the lenitization of punishment and distinguishes it from related concepts; Chapter two, in the order of historical development, reviews various thoughts on the lenitization of punishment since modern times; Chapter three relies on and utilizes the research achievements of criminology on crime phenomena and crime causes, as well as the research achievements of criminology on the effectiveness of punishment, to reveal and critique the limitations of the retributive criminal policy in crime control effectiveness, and argue for the rationality of the lenitization of punishment; Chapter four starts from the value of humanitarianism and the principles of penal humanitarianism to argue for the ethical justification of the lenitization of punishment; Chapter five takes a sociological perspective to argue for the economic foundation, social structural foundation, and political foundation of the lenitization of punishment; Chapter six provides a panoramic overview of the history and current status of the lenitization of punishment in countries around the world; The final chapter focuses on China, analyzing the manifestations and causes 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, finally elaborating on the short-term goals and supporting measures of China's lenitization of punishment reform.