Penalty Individualized Study

Though profoundly influenced Penalty, the theory and practice of Criminal law, Individual Penalty Theory is becomings highly controversial theory now. What is this dispute' s essence? How to eliminate misunderstanding and coordinate with the difference? How to grasp the essence of the Individual Penalty Theory and make our choice in criminal law? This paper will put Individual Penalty Theory into form justice and real justice, legislative power and judicial power, and the costs and benefits framework and for the analysis individually. Then author comes to her conclusions.This paper is divided into five sections. The first part is a theoretical overview of the Individual Penalty Theory. In this part the function and purpose of punishment are introduced briefly, and Individual Penalty Theory' s development history is traced. Then author analyzes the research status of the Individual Penalty Theory now ,then sums up the main disputed questions about it.In the second part, Individual Penalty Theory is analyzed in the framework of form justice and real justice. The author straights out the complicated relationship between the form justice and real justice, and indicates the conflicts between them two, and claims the c conflicts and its overcome is the eternal theme in the lay. Individual Penalty Theory provides a framework to reconcile them two aims, and they can strike a balance if Individual Penalty Theory was used properly.In the third part, Individual Penalty Theory is analyzed within the framework of legislative power and judicial power. In this section, the author reviewed the role change of the judicial power, and the change of the Individual Penalty Theory in the judicial power' s change. Then the author focuses on the inspection of Individual Penalty Theory in the contemporary power system and claims the tension between the legislative and judicial power is the space of the Individual Penalty Theory' s expanding. And Individual...