On The Individualization Of Penalties

The individuaiization of penalty means that judges must consider the specific character of the criminal and the crime when deciding and carrying off penalty . The article is divided into four parts.The first part is about the essence of the individuaiization of penalty. Author mainly talks about various views and praise on it, then author divides the concept into two parts.The second part is about the basis of the individuaiization of penalty. Author briefly tells readers about the view criminal scholars in other countries have on this problem, for example, in common law system and in civil law system countries. Then the author talks about her own view: it is a conception mainly based on individual precaution, at the same time it is also based on common precaution and retribution.The third part is about the relationship between the individuaiization of penalty and the principle of symmetrical crime and penalty. There are all kinds of opinions on this problem , such as complete individuaiization of penalty, theory of independence on their relationship and so on. Author is of the view that they are independent, when they collide, the principle of symmetrical crime and penalty must be firstly considered.The fifth part is about the situation of our country on this problem. Author simply talks about the deficiency and makes some suggestions.