| The nature and internal value of criminal law determines that it is the last resort to social control and it can only shoulder important and restrictive tasks. As for social control, it cannot be said that criminal law has no effect at all, but pure function-orientated criminal law is certainly not ideal for effective social control. However, the criminal legislation and practice since 1979 in China have either ignored or abandoned this understanding of criminal law. From the characteristics of criminal legislation and practice it can be seen that Chinese criminal policy has obviously overestimated the possibility that criminal law can influence human action. Criminal law has kept the inertial habit of functionalization.Criminal policy should be based on the reliable empirical evidence of criminological research so that a just and reasonable new goal should be set, which is restricted by those basic principles such as culpability, rule of law and humanity. Before such reasonable criminal policy is established and the absolute theory of punishment directing punishment system and structure is thoroughly adjusted, the striking problem of harsh punishment in the field of criminal legislation, justice and enforcement will continue. Crime control in China has the structural characteristic of punitivism.After analyzing relevant data, it can be found that punitivism is ineffective to reduce the increasing crime rate and control the seriousness of crimes as a whole. Harsh punishment cannot prevent crimes. On the contrary, it will accumulate the obstacles to the rehabilitation of the offenders, lead to the formation of crime-conducive environment and the reoffending of these offenders. Punitive criminal policy, punishment system and practice will cause the citizens to pay high cost for security. The criminal ideal and mode of severe punishment should be ended in the age of respecting human rights and advocating humanity. |
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