| In order to give full play to the optimal effect of criminal law in promoting the modernization of the system and capacity of governance, China needs to re-codify its Criminal Law in a timely manner based on the previous revisions to integrate the existing fragmented provisions on the legal consequences of crimes and reconstruct them into a system with scientific structure, optimized institution, flexible mechanism and smooth operation. Concretely speaking, it is necessary to build a framework for the legal consequences of crimes based on the dual system of penalties and security measures and make provisions on the types of security measures and their application corresponding to the types of penalties and their application. It is also necessary to expand the types of penalties, adjust the content of main and additional penalties, and improve community and qualification penalties. Lastly, it is necessary to establish a system of exchanging punishments, reverse the rigid mechanism for criminal law application, and integrate the execution of different types of penalties as well as the execution of penalties and security measures and realize their mutual complementation. |
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