On The Validity Principle Of The Punishment

The validity principle of the punishment is a basic principle which the criminal legislation and criminal judicature should desiderate abide by, its theory intention is to meet the needs of the social organism's restraining crime multiplies and overspread through instructing criminal legislation and judicial practice, at the same time, to strengthen the guards about national personal liberty and legitimate rights which are possibly suffering the latency threaten and illegal violation because the monopolize of national punishment authority. However in the transporting and developing of the knowledge and academic traditional theory research mode, the academic circles bias-sight stresses to the criminal rules on discussing exegetic explanation as well as on demonstating the crime constitution theory, but the application value that criminal rules contain and the demonstration study in social effect concrete realization in view of the punishment are insufficiently detailed, which makes the validity of punishment to be a quite weak link in research modes of the applied jurisprudence theory. In view of the fact that the validity principle of the punishment has not been able to occupy a position among the fundamental principle of criminal law until now, this article is meant to prove the validity principle of the punishment should take up the dominant position and objective existence value through carrying on the theory consideration and frame construction, and on the base of this to claim that the validity of punishment should be promoted to be a theorical guiding principle of criminal legislation and criminal judicature. This article draws up from the theorical foundation of the validity principle of the punishment, and elaborates the connotation in legislative punishment system and in punishment principle validity as well as in judicial punishment practice, and at the same time clarifies law theory that the validity principle of the punishment bases on. On this foundation, further points out the punishment validity's determination standard and realization request, concerns that whether the punishment does conform to social psychology need and the realization degree of the punishment goal are two basic approaches that determines the standard, but the punishment's definite degree and rational degree are two basic dimensions. Finally considering the disparity between reality and the ideal in current punishment legislation pattern, in view of the question how to realize punishment effectiveness through perfecting punishment framework, hopes for to benefit the rational choice in criminal legislation.