On The Punishment Fits The Crime

The circumstances of measurement has been used widely in practice,it is an important issue of our criminal law. Whereas, the circumstances of measurement din't play a role or not entirely because there is no theoretical and practice system formed in academic, no clear definition of the circumstances of measurement in legislation and lack of operation in judicial practice.With the development of China's law, the academe pay more attention on the research of the circumstances of measurement. At present, scholars have a deep discussion of the concept, features, functions and classification of the circumstances of measurement. However, the range of the circumstances of measurement, the application of the circumstances of measurement as well as legislative, judicial and other issues should be improved.This article begins with the concept of the circumstances of measurement, illustrate the nature plot, character and classification of the circumstances of measurement. It also absorbs the relevant regulations of foreigns' and the research of domestic. The article make analysis from different aspects, and discuss the legislation defects.At last it provides the applicational measures of the circumstances of measurement and some ideas of law improvement.