Penalty is the most serious and mandatory means of punishment, its social value demonstrates in punishing crime behaviors as well as preventing crimes. In this way, it realizes the maintenance of social orders and protection of beneficial functions ultimately. what directly determine the social value of penalty are its functions However, the penal system of today’s “Criminal Law” of China has some defects, to some extent, in its formulation and apply, meanwhile, it gives play to its functions, which do some negative affects on the full realization of penalty functions. Penalty plays both a positive role and a negative role, just as a German jurist said: “Penalty is like a sword with two edges. If it is used in an inappropriate way, it will do something harm to both countries and individuals.” As long as people can fully realize the beneficial functions of penalty, they will develop its beneficial effect to the maximum extent. Penalty function is a significant component of theatrical system in penalty. From the author’s point of view, the value of penalty determines that penalty must be conducive to the realization of penalty functions. All punishment, sentence and execution need to be made on the basis of social status. On the other side, any unilateral light-sentence or heavy-sentence is unsuitable. Therefore, we need to reform the lack of penalty rationally and objectively and focus on the reform of penalty structures, only in this way can the function of penalty can be fully realized and the social value of penalty can be revealed to the maximum extent.
Key words: penalty penalty functions the realization of penalty functions
