On The Criminal Status Of The Principle Of Equal Treatment Of Crime And Punishment And Its Practice

As the last barrier of maintaining social order, the criminal law stands out with its unique deterrence and impartiality. And realizing the balance between crime and punishment is the tireless pursuit of the criminal laws in different countries. Therefore, it plays a unique role in the criminal law. In recent years, the phenomenon of crimes unbalance occurs frequently, which seriously damages the authority and justice of the criminal law. To realize the balance between crime and punishment. Chinese criminal law has been revised many times, especially by passing the "Amendment (IX) to the Criminal Law ",it further advances the realization of the law from the angle of legislation. The content of this amendment is broad; ranging from the protection of women’s and children’s rights and interests, and severe punishment of corruption to safeguard judicial authority, etc. It displays the strong pursuit of the balance between crimes and punishment in contemporary society. Therefore it attracts widespread attention and arouses a heated discussion. This article starts from the formation of the status of the balance between crimes and punishment, and then explores the relationship between this law and the principle of legality in our country, the principle of equality, and the rule of appropriation between the crime and penalty. And then transit from theory to practice, and then analyze the practice of the balance between the crime and punishment from the perspectives of legislation and the judicial principle of equilibrium problems, and then puts forward the solutions. The whole text is divided into four parts:Part one Introduction. This part mainly expounds the basic meaning of the balance between crime and punishment and points out that this law should be understood in a broad way. For example, the "crime" includes the ascertained crime and the unaccomplished crime. When the penalty is consistent with its subjective fault and objective hazards, it should also be adapted to the possibility of committing the crime again.Part two the status of the balance between crime and punishment in the criminal law status. It consists of two parts; one is the position of the equilibrium principle. The establishment of the principle mainly experienced retribution doctrine, utilitarianism and eclectic in the long developing process. The comparative study of equilibrium principle in different periods lays a good foundation for the establishment of the equilibrium principle. The second is the establishment of equilibrium principle. In this part the author analyzed the relation between the principle of legality, the principle of equality, and the rule of appropriation between the crimes and finally draw a conclusion that the equilibrium principle has a core status in the criminal law, and gave its implementing a standpoint in the criminal law.Part three, the legislative practice of the equilibrium principle.This part mainly analyzes the unbalance between the crime and punishment in the absence of a standard system of punishment, the statutory sentence configuration disorders and the comparisons of the statutory sentence; and put forward some improvement measures combining with the "Amendment (IX) to the Criminal Law".Part four, the judicial practice of the equilibrium principle. In this part, the author explored the imbalance of the crime and punishment from the perspective of judicial practice, and analyzed the judicial practice from the "anti constraint of penalty" conviction thinking, the improvement of sentencing standardization and increase judicial interpretation and so on. In view of the U.S. Federal Sentencing Guidelines, the reform in our country has a long way to go.