Study On The Balance Between Crime And Punishment Standards

It is well known that crime and punishment is the basic issue concerning the survival and development of human society since it is interrelated to individual freedoms and rights, associated with the stability and harmony of society. But it is quite a controversial issue because it is difficult to find a balance between crime and punishment to achieve the greatest justice. On the issue, people have done the researches for a thousand years, and the relevant theories are produced numerous both home and abroad. The Balance between crime and punishment, as an important opinion in modern society, reveals the inherent relationship and interaction between crime and punishment. In other words, in the one hand, it admits that punishment stop and prevents crime; on the other hand, it stresses on constraints of crime on punishment. It is reflected that the balance between crime and punishment is the essence of social justice. The concept'balance between crime and punishment'can be traced back as early as the primitive society. However, in the later period of slave society, the concept and the legislation was gradually abandoned by the rulers, especially in feudal societies, it was the king and the judges who decided what a crime is, what penalties applied to the crime and how long a prison term is. After the victory of the bourgeois revolution, the balance between crime and punishment, as a basic principle of criminal law, has been established. Equilibrium theory of crime and punishment reflects objectivism of the criminal classical school of Western civil law (Old School), retribution theory of punishment and commodity values and is the achievement of bourgeois on the theory of crystallization.However, the complexity of social development brings new research topics for balance between crime and punishment, such as the application of the balance between crime and punishment in specific cases, standard of the balance between crime and punishment, and other issues as well. In this thesis, on the basis of the investigation of relationship of crime and punishment and closely analysis of the related problems, the author proposes the solutions to asymmetries between crime and punishment, as well as the suggestion on the construction of standard theory of balanced. It is pointed that this study focuses on the relationship between the crime and punishment in the legislative phase. It is expected that this study contributes to the existing problems.This thesis comprises an introduction, a conclusion and the main part, which is divided into four chapters.Introduction explains the meaning and value of research about the balanced between crime and punishment in the theory and practice, and describe the current status of China's national conditions and the current difficulties and this plight and to the author's views on the solution.Part one introduces'crime'and'punishment'. Analysis of balance between crime and punishment should starts from the determination of the principles of "crime", "punishment." "Crime" contains the contents of crimes and the perpetrators of Dangerousness. Dangerousness can be perpetrators of crimes motivated people from crime, crime objects, the way of crime, crime, the performance right after the "crime" " punishment " separate interpretation of the meaning, it seeks to balance the crime and the meaning of the new period conduct in-depth analysis. One for the "crime" of the meaning of the article think there should be broad interpretation, it should not be an overly narrow interpretation; for "punishment" to the article is a penalty, but it there is a certain relative. According to preceding analysis, it is expected there is a new understanding of the relationship between crime and punishment.Part two concerns with the principle of balance between crime and punishment through the criminal classical school to the school of criminal evidence. The author argues that only based on respect for human rights, penalty can avoid becoming a cruel punishment, and achieve the true meaning of Dangerousness balance. And only the penalty based on the extent of Dangerousness enables the human rights of criminal not to be deprived and limited; furthermore, enables basic human rights of citizens not to be violated by the State and individuals.Part three puts forward the standards of Balance between crime and punishment. Mainly through the analysis of responsible standards, criteria and quantitative standards of Legal Sentence analysis, it is found that the three standards are inadequate. The standard balanced between crime and punishment can only be a relatively precise and operable standard, but not an absolute precision, absolute operational standards. Therefore, it is expected to develop a more specific and have the operational standard, compared to modern schools and the current doctrine of the proposed standard. It is the combination of social harm and Dangerousness. The author suggests that the standard should be conducted within the framework of objective facts after being made objective, it is called "legal-responsibility to standard." This standard should be a relatively precise standardPart 4, including Chapter 4 and Chapter 5, mainly discusses the balance between crime and punishment and China's criminal legislation. The discussion starts with general principles and sub-confirmation of the principles of the Balanced between crime and punishment. From a macro perspective, the balance between crime and punishment, embodied in China's criminal law, is guidelines of the criminal legislation and justice. From a micro perspective, the penal system should be designed to follow this principle, so that a specific penalty system and the macroscopic coherent balanced between crime and punishment. Finally, it is concluded that the balance between crime and punishment is relative, and the balance between crime and punishment is not only the retribution theory of punishment and crime corresponding to social harm that the absolute, but also the prevention of crime.