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Principle Of Suiting Punishment

Posted on:2012-12-05Degree:DoctorType:Dissertation
Country:ChinaCandidate:B M LiuFull Text:PDF
GTID:1266330395989322Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The principle of suiting punishment to crime (PSPC) is the most important legislativeand judicial principle in the modern criminal law, which embodies impartial justice value.This principle is the key to the basic principles of modern criminal law. Suiting punishment tocrime (SPC) can bring into effect legality and equality before the criminal law. And SPC is acomprehensive process measuring from crime to punishment and from punishment to crime.It is essential to promote PSPC and realize the discretionary power in an orderly way so as topromote the realization of the criminal justice value. The dissertation is dedicated to valueexploration, theory and basic concepts interpretation and judicial practice review.The dissertation falls into five chapters.I. PSPC’s Value, Status and PredicamentThis chapter focuses on PSPC’s value and status and points out the predicament wherePSPC is currently implemented in China. Section1of this chapter starts with the legal justicevalue and probes into the matter that PSPC is the focus of modern criminal law. SPC issupposed to achieve the eternal value of criminal justice in line with the judgments of nationalawareness. Retributive punishment and utilitarian punishment are attached to crimes on thepremise of the criminal justice value. Section2, in comparison with form and essence, dealswith PSPC’s essence and core position in the basic principles of criminal law. During thecourse of reflecting the criminal justice value, the principle of a legally prescribed punishmentfor a specified crime (PLPP) and the principle of equality before the criminal law (PECL)characterize contents of the form, whereas PSPC is characteristic of the factual content, whichis the very embodiment of the other two basic principles. Section3demonstrates thepredicament that confronts PSPC, by analyzing such typical phenomenon upon judicialpractice as “computer sentencing”, separation of legal effect and social effect on criminaljudgment, sentencing imbalances and rigid judgment. In order to seek a solution to the plight,we need to reflect on how we understand PSPC correctly from the theory, so that thedissertation is to explore PSPC’s theoretical basis. II. PSPC’s Theoretical BasisThe present chapter is on PSPC’s historical forms, the understanding of the developmenttrend of criminal penalty, the systematic regulation for SPC ideology since the Enlightenmentand the inspirations of Western experience for our country, etc. Section1is mainly aboutPSPC’s historical forms. In Section2, PSPC’s theoretical basis is interpreted relativelysystematically. Section3is to analyze the common points of each PSPC’s theoretical formand to stress that we conduct the theory research of criminal law absorbing westernexperience based on China’s conditions.III. PSPC’s Connotation InterpretationThe chapter explains the criminal responsibility connotation and its status in PSPC andintroduces the nature of crime, offenses, the severity of penalties and PSPC’s implication. Theessence and status of the criminal responsibility is explored in the first section. Secondly, Idefine the nature of crime and the offenses. The former indicates the social value orientationof a country while the latter is inconsistent with the mainstream values of the country. Thethird section argues for suiting the severity of penalties and offenses in terms of generalprinciple and specifics legislative confirmation. Fourthly, I expound on SPC’s external factorsand make the point that crime constitution theory system or criminal system is ratherinstrumental than ontological.IV. PSPC’s legal realizationChapter IV delves into SPC’s legal realization in different perspectives. Section1givesan exposition that the relationship between crime and penalty is dually evaluated by facts andlaw. It is justified to convict to crime and punish for conviction. Section2defines“punishment for conviction” and shows that it eliminates the limitations of conventionalconviction to crime and that punishment for conviction is essential for the essential feature ofcrime.“Punishment for conviction” and “conviction to crime” constitute the basic needs toaccomplish PSPC’s justice value.V. An Exploration of Standardized Sentence SPCStandardized Sentence should be a procedural norm rather than a substantial one, amethod norm instead of a norm of sentencing results. The Criminal Law stipulates,specifically with regulations, all the circumstances governing penalty cases. It is imperative that measurement of penalty have a corresponding reference system shaped by the penaltyjudgment on the various criminal cases decided previously. Criminal discretion exercisestandards are “fair, reasonable and lawful”. Provided the punishment fits the crime, thepenalty measurement system ought to be built conducive to the orderly operation of thecriminal discretion, and, it is a must to implement the conscience education and fault liabilitysystem.
Keywords/Search Tags:SPC, impartial justice, nature of crime, offenses, conviction to crime, punishment for conviction, standardized sentence, penalty judgment right
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