A Quantitative Analysis Of Crimes And Penalties As Well As Its Application

The balance between crime and punishment which is as a basic principle is ruled in the Criminal Law of China 1997, however , it is far from the equilibrium state in our present criminal law system , the signs of imbalance between crime and punishment are everywhere. Therefore, if the crime and punishment are quantitative analyzed and form an quantity system of handing through empirical research , it will be a significant research subject , and then , it will provides theoretical basis for our related legislation of Criminal Law and theory reference for the judicial sentencing . The article attempts to make some discussion in response to the above-mentioned aspectThis paper consists of four chapters, The first chapter introduced the present existing related research, and has carried on the analysis to its existence's limitation . The second chapter has constructed the crime quantity model emphatically, 13 evaluating indicators which is evolved by criminal constitution's four important item respectively is elements of legal interests,type of interests,object number,crime object,behavior type,behavior way,result type,aggravation factor,subject number,identity,type of subject,subjective sin,criminal attitudes ,the social harmfulness of 435 crimes is evaluated through principal component analysis which integrate 13 indicators and the gradation of 435 penalties is evaluated by improved comprehensive evaluation model. The third chapter has constructed the gradation of penalties model. This chapter compare the evaluation results between the severity of crime and the gradation of penalties, summarize the overall situation in response to the balance between crime and punishment. The fourth chapter stresses that the two models applied in the judicial field , put forward the rationalization revision proposal in view of three kind of imbalanced situation between crime and punishment...