In the modern theory of criminal law and criminal justice, the penalty is a very attractive core concepts. Throughout the Western penal system in the historical process of development and change, penalties are down from heavy to light the path to continuous development, which can be described as a penalty for the development of the basic law of the world. As human social and economic development, civilization and advancement, as well as continued emphasis on the protection of human rights, the penalty playful technology has become the world's development trend. From the criminal legislation, criminal justice and criminal law perspective, China's heavy penalty structure also belong to the structure, which is the development requirements of the modern rule of law is inconsistent with the basic penalty values do not match.
At present, China's economic, political and social are experiencing significant development, according to China's national conditions, we are fully qualified to a certain degree of punishment and reform playful, but also should actively create conditions for Moderating Trend penalty.
In addition to the introduction and conclusion, this article under the following three parts:
Introduction of the first part of sentence playful. This section first sentence of the meaning and value of Moderating analyzed. Moderating the penalty of a development from barbarism to civilization, there are harsh to the playful, there is cruelty to a trend in the evolution of humanity, the purpose is to seek to minimize the maximum penalty for the cost of social benefits, in order to achieve protection of human rights of criminal law function, social protection function, as well as the dual purpose of punishment and prevention. Moderating the penalty has become a measure of the degree of civilization of a country's social and economic development situation and the pros and cons of human values important benchmark.
This section also from the theoretical and practical aspects of the penalties set out the basis of the existence of Moderating Trend. I believe that, in terms of penalty goals and values or from the current economic, social structure, cultural and criminal policy perspective, penalty penalty Moderating the development of technology has become the inevitable choice. Through the analysis of this section, but also for the back of the realization of penalty playful way to provide the basis for.
The second part of the development outside the penalty playful and learn from. This section from an international perspective of the elaboration and analysis of the current development status penalties, which focuses on the penalty abroad the achievements of Moderating Trend. The author believes that the West "gently heavy" the criminal policy of our country's criminal policy, had a profound impact, coupled with our traditional legislative and judicial concepts contained in the playful elements of the role of learning outside the penalty for our country is constantly Moderating advanced experience-oriented, based on the penalty playful technology has made some achievements, and this trend is moving in continuous development.
Moderating the third part of our penalty problems and countermeasures. Moderating Trend of China's current penalties Although we have achieved some results, but the heavy ideology still occupy a very important position. The author believes that although China's current system of penalties has been considerable improvement, but still there are some inadequacies and shortcomings, the penalty has become a task Moderating long way to go. Only proceed with both macro-and micro-penalty Moderating Trend of China's reforms, and take effective measures to adapt to the current trend of the times, be able to make our penal system settings and application of technology and humanity toward the playful in the direction of the development of ,
So as to realize the concept of a harmonious society under the penalty of the value of