A Research On The Purpose Of Penalty In The Crime-penalty Configuration Phase

The study on the purpose of penalty is the foundation and core theory of thewhole theory of penalty, and which kind of theory we choose make big difference inthe operation of penalty. So the study on the purpose of penalty always attractattention from the scholar. However, the past research on this issue usually take thewhole process of penalty as the object, this make the research far from deep, and alsomake the conclusion far from relevant and practical. As a result, this phenomenon hasa certain negative effect on the research of theory and practice of criminal law.In order to change this situation and have a deep analysis and understanding onthe proper theory of the purpose of penalty in different process of the penalty, weshould change our study approach from holistic to specific. As for the purpose ofpenalty in the process of the configuration of penalty, the application of penalty andexecution of penalty, the former process is the most fundamental and important.Penalty in the configuration of penalty process undertake the task of confirm both thecrime offense and the penalty limitation, the former connected with the theory ofcrime, while the latter connected with the theory of penalty, is the starting point andcore link of the operation of penalty. We can say that the application and execution ofpenalty is mean to ensure the purpose of penalty in the process to be achieved.Therefore, the most important part of our research on the issue is to choose propertheory in the configuration moment. Choose a proper theory in the configurationperiod is the basic of the other researches.In this paper, historical method, comparative method, and empirical methodwere used. First, by reviewing and analyzing the existing theories on the purpose ofpenalty, we can find out the necessity of our research and point out the connotation ofthe purpose of penalty in crime-penalty configuration phase and the significance ofour research. Second, in order to provide a theoretical starting point and resource ofthe in the paper, we have a tease out the traditional theories on this issue. Third,analyzing these traditional theories from the view of crime-penalty configuration phase, we can find out they all have defects in answering two question that what isthe rationality of criminal penalty and that how to practice these theories. We need tofind a proper theory to fit the purpose of crime-penalty configuration phase. Finally,according to the characteristic of crime-penalty configuration phase, we support andproof the Empirical Deserve should be the proper purpose of crime-penaltyconfiguration phase.