The Discussion On The Realization Of The Principle Of Suiting Punishment To Crime And Criminal Responsibility

The principle of suiting punishment to crime and criminal law has been developed from the concept of suiting punishment to crime. The principle of suiting punishment to crime and criminal law was stated explicitly in Article 5 of Criminal Law 1997 and it has different requirements in different stages. In legislation stage, from macro aspect, it means to improve some related articles of penalty systems on the premise of insisting the fundamental aim and spirit of legislation; from micro aspect, it means that the allocating of the prescribed punishment should correspond to the character and damage of the crime. We are required to convict accurately and sentence appropriately in order to apply the principle of suiting punishment to crime and criminal responsibility in judicial practice. In execution stage, on the basis of considering criminal character and criminal circumstance, we should adopt probation, commutation and parole properly according to the changing of danger to makesure the real correspondences among crimes, criminal responsibilities and Punishments. The application of the principle of suiting punishment is of great significance. It not only can meet the conscience of just of the public, ensure the humanity of criminals and prevent the crime efficiently. In the legislation of our current criminal law, we have realized the correspondences among crimes, criminal responsibilities and punishment to some extent both in the general provisions and minute rules. However there still exist some problems. Therefore, analyzing these problems and putting forward related strategies of improvement will play a positive role in the realization of the principle of suiting punishment to crime and criminal punishment in legislation stage. Although generally, we have realized the principle of suiting punishment to crime and criminal responsibility in current judicial practice, there still exist some phenomena deviating from this principle. For example, heavier punishment and sentencing deviation, etc. Thus, it's necessary to solve these problems by refreshing concepts, supervising judges'sentencing and making uniform sentencing standard, etc. The probation, commutation and parole system of our country have played an important role in the realization of the principle of suiting punishment to crime and criminal responsibility in execution. But there are still some problems, which affected the realization of the principle of suiting punishment to crime and criminal responsibility in execution stage. Therefore, it's necessary to seek some related measures in order to solve these problems.