Judicial And Legislative Perfection On The Principle Of The Balance Between Crime And Punishment

The principle of suiting crime to responsibility is a basic one. Research on it is helpful to not only improvement of legislation but also improvement of justice. The pursuit of balance is rooted in people's perpetual longing for justice. No matter what the people's simple notion or the scholars' research, even the legislation and judicial practice, the balance between crime and punishment is a forever topic on the relation between crime and punishment.As a law of legal protection, the principle of balance between crime and punishment established in criminal law is an important way to achieve this goal. But in the judicial practice, the phenomenon: different punishments to the same crime, has often led the public to judgment puzzles. At present, there are problems such as sentencing tending to be severe, and the deviations in sentencing discretion becoming serious, which has hindered the full realization of the principle of balance between crime and punishment. The author re-stipulates the notion of the balance of sentencing discretion by citing the theory of jurisprudence and criminal law. In the meantime, the article points out its intrinsic characteristics and elaborates the value of precaution against it from positive and negative sides. The author gives a detailed description on the theoretical basis and judicial discretionary method.It is no doubt that correctly understand the origin, development and meaning of the principle will give us a great help in analyzing the problems exist in theory, idea, legislation and justice. We can see that is a complex systems engineering. Only these aspects are well advanced and consummate, can criminal judgments promote the implement of impartiality and efficiency.