Realization Of The Principle Of Suiting Punishment

The principle of suiting punishment, also known as the principle of crime rather, crime, the principle of proportionality, the principle of balance of crime, its basic meaning is the severity of the penalty should fit the severity of the crime.Article five of the criminal law provides for the principle of suiting punishment :"of penalties should be commensurate with the crimes and criminals bear criminal responsibility."The principle of suiting punishment is one of the principles of criminal law. The principle one is born from a yearning for other sexual instinct, which reflects the eternal desire for justice.Both scholars explore the theory, or the simple concept of people, until the legislation and judicial practice, the phase in the Crime and Punishment is always a matter of adaptation are often thought new topic.Suiting the principle of guilt clearly written into the new criminal code, giving it the state coercive power, requires that each citizen must abide by it, the work of law enforcement officers must follow it, for the complete implementation of this principle of legal protection provided.Adapt the principles of crime and criminal law to follow the direction of development, better protection of our criminal law reflects the function and security function. Adapt the principles of criminal culpability, not only in criminal law provisions, but also to guide the judicial practice, but in judicial practice, from time to time there will be different punishment with the crime, sentencing and other issues large deviations, restricting the effective implementation of the principleof suiting punishment. Therefore, only through institutional innovation, with the times, constantly improve and to refine its shortcomings, the realization of the principle of a more favorable environment in order to better carry out the implementation of the principle of suiting punishment.This article first discusses the origin and meaning of the principle of suiting punishment,and expression in China, and then analyzes the principle of suiting punishment to the lack of legislation and the lack of judicial and explores how to achieve the principles of suiting punishment .In addition to introduction and conclusion, this article includes four parts, as follows:Part I: Overview of the principles of suiting punishment .The part first discusses the origin and development of the principle of suiting punishment, then discusses the basic content of the principle.Part II: Embodiment of the principle of suiting punishment in China. This section first discusses how to reflect on our country in the legislation , mainly from the general provisions of the distinction between the severity of guilt, The establishment of the penalty gradient and Sentencing provisions to be embodied,From the sub-classification of the crime and the legal punishment of the set to be embodied;then discussed how to reflect on our country in the judicial principle of suiting punishment, mainly from two aspects of the conviction and sentencing to be described.Part III: the principle of suiting punishment implemented in the absence of existing criminal law.This section introduces the case of Hu Bin, then discusses the principles of Crime and Punishment fit the lack of legislation, mainly from our individualized attention to the penalty and the legal punishment is not enough to set the balance to the discussion; Finally, we discuss the fit of Crime and Punishment the lack of principle in the administration of justice,sentencing methods,mainly from the discussion.Part IV: realization of the principle of suiting punishment. The first part of the implementation of legislation, mainly from the fine of the law, the penalty of the positioning of individual, Statutory Sentence to be discussed; followed by the implementation of judicial, mainly from building up a sentencing guidance system with Chinese characteristics, as well as perfecting judicial interpretation and improving the quality of judges to be discussed.