Research On The Interaction Of Crime And Penalty

Since ancient times, the question of crime and punishment has been described and existed. The essence of the problem or the issue of the relationship between crime and punishment has always been so repeatedly described by serious thinkers and has been answered by all kinds of methods. Crime and punishment which is concerned with the most basic survival and development of human society and which is concerned with the stability and harmony of human society is closely related with personal freedoms and rights. In today, with the development of the relationship between crime and the punishment in west, the research about the relationship between crime and the punishment has been developed in our country, but the research on the relationship is a research in which crime is treated as the center. The explanation of"crime must be punished by penalties"is one—sided and absolute. And this caused a number of paradoxes. In our country there is the most obvious question, for example: there is very considerable number dormant offense, but in fact it is hard to improve the law and order situation. It is based on the existing problems, considering the current situation and the inherent attributes of the Criminal Law, we think the relationship between crime and punishment must be researched again, that is used the new investigations and studies. We must check each other decisive factor in the relationship between the crime and punishment, and we think the relationship is interactive rather than a single relationship.This dissertation comprises 3 parts besides introduction and epilogue, which is divided into four chapters to describe. As follows:Introduction: Explain the meaning and value of research about the relationship between crime and punishment in the theory and practice, Describe the current status of China's national conditions and the current difficulties and this plight and to the author's views on the solution.Chapter 1: A summary of the relationship between crime and punishment. First, explain the history of the relationship between crime and punishment, note that the relationship is different in different periods. In the revenge and intimidation era the relationship was established with the center that is crime, in the legal system, the types of crime were not clearly defined. Rulers attended the penalties rather than crime, or even illegal acts in contemporary were existed in penal law. In the era of science and love era, the relationship was established with the center that is penalty. Second, shows the relationship between the crime and punishment in contemporary, but mainly to do research on the relationship between crime and punishment in our country.Chapter 2: Explain the theoretical background and the premise of the relationship. First, the purpose that considers the legal system construction is to achieve the goal of life. And such a system must be set up in the context of China's current conditions. And we should give full consideration on the lack of resources and consider that the administrative resources are too rich and the judicial resources are too barren. Second, the relationship is the fundamental aspects of the penal law, the study of which is expected to be within the scope of the penal law. The unique nature of the penal law must be understood as the premise of the relationship, so there will be a better understanding about the relationship between crime and punishment.Chapter 3: Elaborate the interaction of the relationship between crime and punishment. First, explain the nature of the penalty, note inadequate about the nature of the past on penalties, think that penalty as a legal sanctions has the nature of the final and necessity. Second, explain the nature of the crime. Detail the scope of the crime should be distinguished from other criminal offenses; the nature of crime in the sub-stage is different. In the legislative process, the type and scope of crimes is decided by the type and scope of the penalties. In the judicial phase,the acts can be as the crime only that is written by the penal law. Last, Explain the relationship between the crime and punishment again. In the legislative process, the type and scope of crimes is decided by the type and scope of the penalties, later specific nature of the crime determines the scope of the penalties. In the judicial phase,According to the law, we determine the act is crime or not. When we are difficult for the nature of acts, we must consider the role of penalty.Chapter 4: Probe the concrete application of the relationship in the legislative and judicial process. Because there exists the detailed note about"crime decides penalty", so the key part is how establish the legislative process in that penalty decides crime. First, think that the real penalty is sentence, physical punishment, life imprisonment. Fine penalty is not required as the penalty. Second, establish the scope the crime according the scope of penalty. All the offenses which are not the same degree with the penalty can not exist in the penal law. The entire person for which the penalty is void can not also exist in the penal law.Epilogue: The basic point is that the relationship between crime and punishment is interaction, and in the different stages, crime and penalty have different role in the movement process of the relationship between crime and punishment.