On The Tendency Of The Principle Of A Legally Prescribed Punishment For A Specified Crime

Although more than two centuries have past, the principle of a legally prescribed punishment for a specified crime is still the most classical principle for criminal legislation and the greatest thought of law science. But the existence of things can't be changeless, it is the same as principle. Especially at present, what's the tendency of the principle of a legally prescribed punishment for a specified crime in modern society? How about the historical destiny of it? These are the themes of this article. At present the researches about this problem are flourishing, but they are all trying to interpret philosophy merely by philosophy, this kind of superficial researches are doubtful. This article probes and analyzed the tendency and the destiny of the principle of a legally prescribed punishment for a specified crime based on the pondering over the range of the crimes committed by unit. There are heated debated about the range of the crime committed by a unit, but they all didn't come to the crux of the problem. This article started from the legislation of this principle and concluded three problems existed in the range of the crimes committed by unit. It explores the causes of these problems. In the solution part, this article put forward a whole new solution to dissolve it. The solution is that the temporary abdication of the principle of a legally prescribed punishment for a specified crime. Then it give the conclusion about the tendency and destiny of this principle. Based on the necessity of the whole new solution, it presented three operational systems. They are the system of judge interpreting flexibility, the system of judge's equity, the institution of the judicial precedents system. At last, I give the summary that the principle of a legally prescribed punishment for a specified crime should be operated in judicial practice rather than be understood as stiff principle.