Inspecting The Double-track Penalty System In The View Of The Objectivism In Crime Theory

As the choice of many countries, the double-track penalty system has far-reaching significance both in theory and practice. But, the research of this penalty system is merely introduction in theoretical circle in China, and there is no deep excavation of the theoretical background and social-historical conditions of this system. Majority of Chinese criminal theorists consider it is feasible to inject this system ,though it is hard to say why.This article, analyse the historical, economical, cuturul coditions and theorical foudation(the objectivism and subjectivism in crime theory) of the double-track penalty system, by using historical method, comparative method and Historical Materialism method. Thereby, this paper shows why should we inject this system and how should the Chinese penalty system be improved.Besides introduction and conclusion, the text consists of three parts as below:The first part provides what the double-track penalty system is and how countries all over the world stipulated this system, and then gives a short comment on those stipulations.The second part analyses the historical , economical, cuturul coditions of the objectivism and subjectivism in crime theory, which are significant theories for the double-track penalty system. Via reasching, it is reasonable to arrive at some conclusions as followed: the penalty unification, which reconciles retribution and prevention penalty both, is general in legislation, justice, enforcement of Law and gets positive support from theoretical circles. Not only the fusion of the objectivism nor the subjectivism in crime theory but also the integration of retribution and prevention penalty upholds the principles of rule of law.In other words, the objectivism in crime theory has always been and is still supposed to be the basis of double-track penalty system.The third part analyses the historical background of China, and not only the reason of why should China absord the double-track penalty system but also how should Chinese penalty system be improved is proposed in this part.