Study On The Individualization Of Penalty Criminal Law

The individualization of penalty has been existing more than one hundred years .In the beginning, it appeared in order to perfect the theory of classical school. Classical school thought the human being ability is unlimited, so we can make a perfect law to deal with all kinds of criminal phenomenen. In this condition ,the judge had no power. People paid all attention to the common condition of criminals, not to individual condition, so individual fair can not be realized. Thus, the concept of the individualization of penalty came out. However , as one kind of system theory, its development should give credit to the modern school. It is the result that humanity pursues the just. But the modern school moved towards the just reverse side in order to realize the goal of special prevention, tending to punish people that did not break law and not to punish people that broke law, Today, the individualization of penalty was not the modern school theory. So, it is necessary for us to explain the basis of the individualization of penalty theory ,it takes the personal dangerousness as the basis, individual fair as the pursue ,the prevention as the goal.As one kind of suitable principle of penalty, the individualization of penalty has the independence of theory value, that kind of thought ,the punishment adapting to crime theory which contains the individualization of penalty is unscientific; meanwhile, In the domain of criminal application ,they are supplementary and intercoordinary to realize the penalty goal,this is the reason that we insist in it. Regretlly, our country has not brought enough attention to the individualization of penalty, not only in Legislation, but also in sentence and execution. We has not stipulated the individualization of penalty ,the penalty system can not demonstrate it .In sentence,judge's power can not use correctly; in implementation we can not use it insufficiently. In view of this ,in the foundation of the basis of the individualization of penalty theory ,this article explained the important value of the existence of the individualization of penalty. Then pointed out the insufficiency at the emplementation in our country ,hoped the individualization of penalty to be able to be used by our legislation,to impel the criminal system reform of our country, perfect the structure of our criminal code, in order to sentence and execute fairly and effectively.