| The crimes and punishments equilibrium principle as one of the basic criminal principles requires that the criminal punishment prescribed by the criminal law should not only apt to the harmfulness caused by the crimes, but also apt to the criminal punishment of the criminals. We should learn all aspects of the criminals from the subjective and objective way in order to determine the criminal responsibility, thus we could adapted reasonable criminal punishments. If the legal punishment which set unreasonable may also affect the decision we made, therefore reasonable legal punishment in judicial practice could takes us more benefits for setting the right crimes.After the crimes were convicted as kidnapping, the criminals could have preferred to appeal in the judicial practice due to the stern punishment which happened before the criminal issued. Normally, the crimes acts in sentencing, legal punishments settings would not adversely affected the crime charges, however, it would happened in some special cases in these cases rational settings of the legal punishment that could have made certain effects. In the author's opinion that one of the main reasons is the unreasonable legal punishment settings, which may cause the crimes could not adapt to its punishment and violated the crimes and punishments equilibrium principles at last.Before modification of the, judicial organs had to face such an embarrassing situation that one action conformed the kidnapping crime, but its social harmfulness was far away from its punishment set in the criminal law as its legal punishment which is ten years imprisonment. Because of its legal punishment of kidnapping was too stern, which would have violated the principal of crime and punishment if it was applied. Facing this situation, some local courts concerning the criminal policy of tempering justice or with the mercy from his inner heart, they could judged the case which was kidnapping crimes as the other crime, thereby reduced the punishment of criminals. One case cited in this article was belong to this situation and also due to this case which sparked the writer's interest in the related provisions of kidnapping crimes.However before the was applied, we couldn't condemn the local courts, we just hoped that the legislature would focused on the legal punishment problem of kidnapping crimes so as to provide with certain legal basis for judicial offices and implement criminal principles better. Thankfully, we heard this news On February 18 in 2009, the< amendment of criminal law (7)> was formally applied. Based on the specific case, this article proposed the positive significance of theand discussed some other problems explicitly in the implementing process which still need us to pay more attention.
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