The author considers that we should restrict the liberal measurement right in penalty measurement in proceeding and system by improving the criminal judge’s quality, regulating circumstances application in penalty measurement and from the penalty measurement system of cumulative punishment, the determination of death penalty’s criterion and the condition of the application of reprieve, making the reason of penalty measurement public, introducing judicial precedent system, improving the method of criminal legislation and strengthening judicial explanation.
It is not to imprison the measure of punishing to reprieve as a kind of one that is favored by countries all over the world, not only paid attention to in theory , there are more systematic theoretical systems, but also riper and more complete on the legal system, and, well received in practice, have already formed a set of practice systems from adjudicating to carrying out.
The knowledge base (in rule-form) was created primarily by eliciting knowledge from experts (judges, lawyers, academics and probation officers), but also by applying statutory law, case law and legal authoritative texts.
Assuming a risk of innocent conviction and fully rational individuals, the current study addresses the effects of immediate punishment and probation rules.
Strict dominance of a probation rule requires that the judicial system is highly unreliable and, at the same time, learning over criminal careers is strong.