The Interpretation Of Suiting Penalty To Crime And Criminal Responsibility

Adapt to the principles of criminal guilt is one of the basic principles of our criminal law, it reflects the human longing for equality, justice and the value of the pursuit of modern penal rationality and scientific imperative. Criminal law role in promoting the development of human society to a large extent through the guilt of punishment suited to achieve effective implementation, we must adapt to correctly apply the principles of criminal culpability must be properly understood its meaning. Full-text is divided into four parts:Part I: The principle of guilt punishment fit the source and flow. As a punishment suited to the principle of guilt the source of doctrine that crime is a reason for retribution, the penalty is a result, the society which they have intrinsic cause with the relations which causes, the penalty are to the crime retribution, penalty's size with already occurred the crime which create to harm adapts. Had the isometric retribution according to the different retribution standard to discuss, the equal retribution to discuss with the standard retribution theory. Along with criminal real diagnosis school of thought's starting, the retribution principle's crime punishment view has faced the utilitarianism challenge. Utilitarianism from social need's angle pointed out that the penalty must go to the vision the future, penalty's size must decide by the prevention of crime. Focus on prevention of emergence of norms in general utilitarianism and act utilitarianism focuses on the special prevention. Because utilitarianism pays great attention the crime which will prevent possibly occurs in the future, the retribution principle will pay great attention the crime which already occurred, they too will be one-sided, therefore presented the eclecticism. The eclecticism thought that the penalty was not only to the already crime's retribution, must consider to not however crime's prevention. The eclecticism unified the retribution principle and the utilitarianism merit, became the modern criminal law the rational choice, various countries' criminal law theory also develops the different eclecticism patternPart II: China's suited to the principles of criminal culpability connotations. The author describes the guilt of our traditional punishment fit the theoretical principle that the severity of punishment should be the perpetrator of the crimes of criminal responsibility and commitment to adapt. Then the author focuses on his ability to adapt to the principle of guilt-phase criminal connotation of understanding, through the principle of guilt punishment fit the "crime", "duties" and "punishment", "Adaptation," the interpretation put forward Elements of the elements of crime is not only decided to conviction, but also affect the sentencing. The author thinks the crime constitution four important documents take the subjective crime as the core (i.e. subjective important document), therefore in the judicial practice, the subjective crime regarding the penalty weight's influence is also quite big. Even if the subjective sin the same as criminal liability and penalties also may be different. For instance indirect intentionally and actual intent crime, in the objective harm with the person risk same situation, the former possibly can be lighter than the latter's legal responsibility and the penalty. Then, the author has carried on the proof in the theory stratification plane and the legal stratification plane to own viewpoint.Part III: China's suited to the principles of criminal guilt dilemma. I pointed out that China's current legislation and the judiciary in the application of guilt has not yet fully realized the principle of punishment. Legislation there is a guilt of the crime of torture within the incompatible situation, a number of crimes and the crimes meted out between the configuration and unreasonable. Emphasis on the judicial application of sentencing or the partial light of the circumstances of existence; penalty individualism did not receive due attention; similar or identical cases of judgments between the big gap between the different co-punishment.Pare IV: Our country responsibility for an offense punishment adapts the principle outlet. Has entered to the responsibility for an offense punishment principle connotation detailed elaboration, adapted the principle existence flaw in view of our country present responsibility for an offense punishment, the author proposed the responsibility for an offense punishment adapted the principle outlet. The responsibility for an offense punishment adapts including the legislative stage, the judicial stage and the law enforcement stage. Legislates the responsibility for an offense punishment adapts is a premise, because did not have the criminality occurrence in fact by now, therefore the legislator should act according to the criminal law protection the value to the different crime stipulation weight different legal punishment, the social hazardous nature big crime matches by the heavy legal punishment, the hazardous small crime disposition relatively light penalty. In judicature's responsibility for an offense punishment adapts including determines guilt with the discretion of punishment two stages. Determines guilt the stage to determine guilt by the punishment, namely the penalty which the basis should be suitable in the crime punishment relations chooses the corresponding charge. The measurement of penalty stage decides punishment with crime maybe from the objective harm, the subjective crime, person risk these aspects judge the crime the order of severity, serves with the corresponding penalty. Enforces the law the responsibility for an offense punishment suitable principle mainly prevents the new crime, according to author's person risky size adjustment penalty's being suitable, realizes the criminal law just value pursue finally.