Research On The Principle Of The Balance Between Crime And Punishment

The principle of the balance between crime and punishment is inherent spirit of modern criminal law. As an idea, the balance between crime and punishment comes from people's instinct of yearning toward the equality, and it reflects that people's pursuit of the just idea is eternal. No matter what the people's simple notion or the scholars'research, even the legislation and judicial practice, the balance between crime and punishment is a forever topic on the relation between crime and punishment. The establishment of the principle in our country has a great meaning to perfect the theory of criminal law, legislation and justice. It is no doubt that correctly understand the origin ,development and meaning of the principle will give us a great help in analyzing the problems exist in theory, idea, legislation and justice.The article focuses on discussing the relative theory and the way of the principle's realization. The article talks about the realization of the principle from the setting of statutory sentence's model and the setting of the sentencing suggestion's process on the base of retributivism and utilitarianism. The content as follows: Preface: In this part, the article accounts for the meaning of the establishment of the principle in our country, and then talks about the meaning and purpose of the article's writing.Chapter one: The summarization of the principle. It includes the origin and the three successive developmental phases, the theoretical base and essential content of the principle.Chapter two: The relation between the principle and correlative theory. In this part, the article talks about the relation between the principle and the criminal individualization, criminal liability, the purpose of punishment and the principle of a legally prescribed punishment for a specified law.Chapter three: The faced problem of the application of the principle. The article talks about the problems of the unbalance between crime and punishment exist in criminal idea, legislation and justice, and it reflects the shortage of the application of the principle in our country.Chapter four: The realization of the principle. This chapter aims at the existing problems as foregoing discussion, the author puts up some view about theestablishment of correct criminal idea, the perfection of the setting of the statutory sentence's model and the setting of sentential suggestion's process.