Study On The Individualization Of Punishment

The penalty individualizing is take criminal's person risky and so on individual situation as an aspect judgment basis, to the concrete criminal penalty suitable situation concrete treatment, mainly manifests the penalty to decide after deliberation suitably with individual fair, realization individual prevention. Cannot only embark to its understanding from its primitive basic meaning, it must with manifest general fair and the general prevention function crime criminal law decides the principle to unify, can display it to decide after deliberation well at the penalty with the implementation in the principled function, realizes the true responsibility for an offense punishment to adapt. The penalty individualizing principle has displayed the rich penalty suitable dialectical thought, decides after deliberation at the penalty with the implementation in, it is not the principle which only needs to receive, also is not the isolation existence, but it is suitable and carries out the penalty correctly to have to receive. At present in world majority government by law quite perfect country, and was suitable regarding the penalty individualizing research quite is already perfect.But the penalty individualizing principle is also insufficient in our country's receptivity, the correlation theories does not have the formation, this possible and current our country judicature environment and government by law advancement some realistic situations and traditional judicature idea related, If we perform correctly the annotation and the localization to the penalty individualizing principle, believed improves the quality unceasingly in the Chinese criminal activity judicature practice hand, this principle can cause the function and the function which the penalty displays well its should have, fully realizes the deep theory and the practice value which this principle contains, causes the penalty to give dual attention to the penalty the retribution and the prevention dual dual effect.The penalty individualizing principle decides after deliberation as the penalty with an execution basic principle, decides the principle in the crime criminal law under the support, take the special details concrete treatment this philosophy basic principle as the center of resistance, supports the responsibility for an offense punishment to adapt the principle realization powerfully. Looked from the ownership, although the penalty individualizing is not a principle which the criminal law stipulated explicitly, but it should be the penalty decides after deliberation, the penalty carries out the basic principle, carries out the basic principle as the penalty, is the penalty decides after deliberation right and must extending.