On Study Of Punishment To Attempter

The punishment to attempter is an important issue in criminal theory. While in the previously studies, all the researchers lay their emphasis on the field of criminal, so this article makes a conversion of the visual angle, using the method of logic thinking and reasoning, making a proceeding study to the problem of attempter's punishment from the angle of the justification of punishment. After defining the conception of attempter and the punishment to the attempter etc., firstly, this article introduced the present theory conditions on the issue of punishment to attempter in three kinds of criminal theory systems. Subsequently, on the foundation of compared research, the writer indicated that study the issue of punishment to attempter from the angle of the justification of punishment in the whole article. While concerning the study from the angle of justification of punishment, discussion can be launched from retribution and utility respectively. As far as retribution theory is concerned, it is mainly seeking the justification and standard of punishment from happened crime seriousness. While study the issue in the field of utility, it should be discussed from the branch of general prevention and individual prevention separately. In regard to general prevention theory, it is also primarily seeking the justification and standard of punishment to attempter from happened crime seriousness, while at the same time, this theory may be influenced by people's anger, kinds offenses'happened rate, social situation and other uncertain factors. Contrasting with the general prevention, in the theory system of individual prevention, for the reasons that it makes a point of the human body risk, therefore, the issue of punishment to attempter should be considered through the character of the attempter's human body risk. Finally, in the angle of integral punishment justification, we can conform and reestablish the standpoint on the issue of punishment to attempter in the theory of retribution and utility. It is pointed that, the justification of punishment to attempter should be searched from retribution and utility theory at the same time, while the standard of punishment to attempter should be confirmed in the request of limit utility through retribution. Then, according to this, we can re-think and re-compose the standard of punishment to attempter in our country's criminal code.