On The Realization Of The Theory Of The Individualization Of Penalty

From the formal birth to now, the individualization of penalty has a history of more than one hundred years. In the school of Criminal Classicism, the ideology of the individualization of penalty began to germinate to redress of legally prescribed punishment for a specified crime which was used to objecting the tyranny in conviction and sentencing, guided by the strict rule doctrine. But the theory of the school of Criminal Classicism cannot adopt to the historical development and the social trend. Through scientific methodology, the school of Criminal Positivism formally put forward the theory of the individualization of penalty, and the theory has three stages until now. In the different stages, the theory emerges different characteristics.The theory of the individualization of penalty bases on the theory of the personal dangerousness, takes the individual justice as the pursue, the individual prevention as the goal. In the modern ages, the individualization of penalty is one kind of the most important principals of penalty after that it has developed and overcomed the weak point. In our country, the scholar has not brought enough attention to the theory, not only in the legislation, but also in the sentence and in the execution. So complying with the tendency, our Criminal Law should stipulate the theory the individualization of penalty as one principal of penalty, and reform the criminal system. We should add the personal dangerousness to the rules in the sentencing, and reform the system of the probation, the commutation, the parole and the community correction according to the theory of the individualization of penalty.