Study On The Balance Between Crime And Punishment

The principle of suiting crime to responsibility is a basic one. Research on it is helpful to not only improvement of legislation but also improvement of justice. This thesis consists of three chapters .In the first one, the author reviews the origin and development of the principle: The principle originates from the revenging in the same way, which embodies man's instinct to pursue justice. Due to that the principle represents social justice, it was abided by in the enlightenment school and the criminal classical school, while it was abandoned by criminal modern school, which emphasizes special prevention. Because of the advantages and shortcomings of criminal classical school and criminal modern school, the integrate school had formed, which promoted rejuvenation of it.In the second one, the author analyses philos of the principle, and then points out the influence of the integrate school on criminal law of our country, in the different period ,the law had the different goal: the old criminal law emphasizes prevention, while the new criminal law emphasizes retribution.In the third one, after analyzing legislative, judicial and the social reasons for unbalance of measurement of penalty, the author raises three pieces of suggestion, the one is that we should ascertain necessary elements of measurement of penalty; the other one is that we should standardize procedure of measurement of penalty, the third one is the necessary of independent of judje.