Penalty Of Crime Reverse Regulation And Its Application To Start

In addition to the preface, this paper was divided into two chapters in all.Chapter one: This chapter is the analysis of the two premise concepts of "affirming a crime by penalty" and "weighing a crime by penalty scale". This chapter is divided into two parts.The first part has carried on the proof on the "affirming a crime by penalty" with the view of criminal law. The criminal law and the criminology all take the crime and the penalty as a research object own,But the stress that the two disciplines pay attention to is different. Under the angle of the criminal law, the penalty is the point of departure and return for the research of the criminal law.The penalty controls the constitute of the act of crime to establish. According to the reality of the criminal law not only affirm the property of crime but also decided the penalty, emphasizing "the crime should be punished by penalty" is the essence characteristic of the crime. The behavior that deserves the penalty punishment just is a crime.The penalty controls to crime that not only performance on affirming the property of crime but also performance on the affirming the penalty of the crime.How serious the penalty is certainly can also become the standard that judges how serious the crime is.So that,in the second part, to carry on a review and analyze the legal practice and theories of distinguishing the seriousness of crime according to the penalty regulated by criminal law. To put forward a tentative program with the scope of the penalty of the concrete crimes of criminal law.Chapter two: To launch further discussion on making the control of the penalty to the crime as the principle with the view of implementing of the criminal law.This chapter is also divided into two parts:In the first part, to analyze the basic connotation and the important meanings for the implementing of the crime with the theories and solid example. The rationality to punish is a the is a concept opposite on affirming crime accurately.Take orders from the principle of weighing crime by penalty, penal code's applying medium the rationality of punishment should be emphasized in the implement of the criminal law. To investigate the the accuracy that affirming the crime with the standard of the rationality of punishment, is a possible choice for alleviating the explicit predicament of criminal law originally. The rationality of punishment is also a importance point to acquire a public approbation of the criminal law.The second part, the writer carries on a meticulous discussion towards the path of carrying out the rationality of punishment. Applying the logic mode of the implementing of the crime as an analytical frame, bring the rationality of punishment as a premise into implementing or explanation of the criminal law.It can reduce down the disagreement on how to affirming the case in deep degree. There is an particularly apocalypse meaning for processing of the difficulty case in judicial practice.