Please use this identifier to cite or link to this item:
|Other Titles:||Reformation of the Criminal Penalty System to Limit Short-Term Sentences—A Commentary of Amending Article 41 of the Criminal Code|
Short-Term Sentence;Fines;Payment in Lieu of Execution;Labor in Lieu of Payment;Day-Fine System, Probation;Community Service in Lieu of Execution
|Issue Date:||2016-05-20 14:19:19 (UTC+8)|
The purpose of amending Article 41 of the Criminal Code to include community service in lieu of execution at the end of 2008 is to solve the problem of unequal treatment to members of the low-income population and the inability to control short-term sentences by the criminal penalty system. However, these problems in practice are caused by an improper conversion standard for fines in lieu of execution, inflexible execution and low probation rate. Therefore, a better approach to tackle these problems would be to increase the probability of fine sentencing to replace fining in lieu of execution, introducing a day-fine system to ensure the fairness of fine sentencing, using compulsory execution of a money debt owed to the government to replace labor in lieu of payment and increasing the probation rate by revising the effect of probation after the expiration of a designated period. With thorough planning, there would be no need to include community service in the article. Without improving the current penalty system, community service may be able to alleviate the pressure of the jail population explosion but it cannot ensure the fairness of penalty. At the same time, it will also limit judges’ sentencing power. In consideration of all the necessary measures needed for implementing community service successfully, criminal execution is facing a very big challenge.
|Relation:||法學評論, 116, 239-291|
|Appears in Collections:||[法學評論 TSSCI] 期刊論文|
Files in This Item:
All items in 學術集成 are protected by copyright, with all rights reserved.