Some Thoughts On Interpreting Criterion Of Punishment Rationally

Punishment criterion are not only an integral part of the criminal criterion, but also an important basis for criminal justice activities. The punishment criterion is the legal aftermath of criminal behavior, norms of the judicial referee who acts applicable penalties. In the penalty applicable to the process, the punishment criterion is not clearly if it be applied without explanation, so to explain the penalties become necessarily. However, the rigidity of the penalty determined by the characteristics of the path of the particularity of its interpretation: it is necessary to follow the provisions of the penalty rigid requirements, in line with the statutory punishment, but also to explain the results of the penalties in line with rational requirements. To achieve both requirements will be returned to penalties up to a reasonable explanation. This is also the subject of this paper to be discussed in the article as to sentencing and execution process of a number of more specific penal system anchored to the past as a means to achieve a reasonable interpretation of the penalty methods and tools as well as the discretion of the penalty, the penalty factors such as the implementation of the concept of up to the content of rationality itself, so perfrom a view of a reasonable interpretation of the punishment criterion.Preamble points out the areas discussed in this paper, analyzing why the punishment criterion have not been the status of great importance in the theorists, highlighting the need for a reasonable explanation and importance of the punishment criterion.The first part analysing the meaning of the punishment criterion ,which is independent of the conditions set by the legal consequences of crime; analysing the penalty to explain the scope and characteristics from three acpect; and the basis of explaining the meaning of objective and subjective interpret, exoatiating on the purpose of interpretation of the important value ,deriving to the purpose including the principle of proportionality, the principle of rationality and principle of necessity, and should take the principle of rationality as the supreme purpose for other purposes must be up to a reasonable interpret.From the second part of the special nature of the punishment criterion and severely extenuating circumstances applicable rules and principles of the crime and a balanced analysis of three perspectives need to find the amount of the base sentence and points out that the punishment for the base volume is the initial step in the principle of balance of crime; through several existing methods for baseline analysis of the amount of punishment, the article said: analytical methods of verifying the truth of experience is to seek an important way to the base amount of punishment, noting that the method of verifying the truth of experience and experience-oriented analysis of the results of the characteristics of confirmation.Part III focuses on the behavior-based efforts to be punished severely limited. A brief introduction of the article the meaning of behavior and responsibility for that behavior is the basis for liability reasons, aggravating the fact that severely limits the intensity; turn on the penalty provided for shall be punished severely in the classified analysis of the facts, looking severely limited the focus of punishment.The fourth part of the concept of respect for the value of life dominated by a reasonable interpretation of Article 50 of the Criminal Code provides that "the implementation of the death penalty quot; Article points out that respect for the value of life reflected in the criminal legislation, penalties and the penalties applicable to the implementation of three aspects; and, in this concept of domination, through the analysis of the criminal law scholars interpret Article 50 of the existence of defects, a reasonable interpretation of the penalty of quot;death penalty"that is understood as the immediate execution of the death penalty, or a stay of execution of the death penalty once again, which can draw a reasonable result.Part V of the principle of necessity, under a reasonable interpretation of multiple crimes, establish special circumstances, multiple crimes rule, as multiple crimes rule to add. After remission was found by analyzing the cases of Louzui proceeding found Louzui obtained commutation rules of multiple crimes, and sum up the situation Bingfa rules; the principle of necessity under the guidance of parole, after a brief analysis of Louzuibingfa should be noted that matters.