As the law of relationship between crime and punishment, the criminal law begins in the crime, but its real basis should be penalty. The key to achieve the relationship between crime and punishment lies in criminal justice, in which measurement of punishment is the epitome of the criminal law theory, the fair degree of measurement of punishment depends on the master and application of circumstances of punishment measurement, so circumstances of punishment measurement is the basic issues of the criminal law theory.The author raised the important position of circumstances of punishment measurement in the criminal law theory as juncture, proposed the subject of research on circumstances of punishment measurement, and on the basis of brief analysis of China's circumstances of punishment measurement theoretical research, revealed the theoretical and practical significance of research on circumstances of punishment measurement. The author started from the general theory of circumstances of punishment measurement, introduced the concept, features, functions and classification of circumstances of punishment measurement, and detailed the application of circumstances of punishment measurement from both a single circumstances of punishment measurement and a number of circumstances of punishment measurement, finally, the author analyzed the China's legislative shortcomings of circumstances of punishment measurement , and put forward relevant proposals to improve.
|