On Deserved Punishment

Deserved punishment is one of the basic characteristics of the crime, and very important in the Criminology. In traditional criminal law ,it was seen as Responsibility of crime, so its proper meaning was misunderstood, and its function of the theory and practice was ignored. Basing on the analysis of the nature of the penalty, deserved punishment means that a harmful act only endangering the basic social order before they can be convicted and reflects the nature of the criminal law, which giving a new meaning to deserved punishment. This paper is divided into the following four parts:The first part of introduction. First, introducing the study of motivation, analyzing the problems that led to the chaos in the theory of crime concept, and the difficult in determination of the commission of a crime, indicating the need for research. On this basis, introducing the train of thought and positions. Finally, interpreting issues related to deserved punishment, which discussed be a basis of content below.The second part, the basic definition of deserved punishment. Mainly discussing the concept, status, function, significance and related disciplines of deserved punishment, so as to lay the foundation for legislative and judicial investigation. Deserved punishment is basing on the nature of the penalty, follows the principle of necessity,feasibility and equality, considering is it the acts of social harmfulness need to use the penalty to punish. On basis of its concept, investigating following its inspection in four areas: the status, it is not only the basic features of a crime, but the essential characteristics of a crime; in function, its not only affect the criminal legislation, but also affect the determination of the commission of a crime, and more can enhance the public's sense of identity in legislative and judicial; in the significance, it communicating between the crime theory and punishment theory, echoing the changes in criminal policy, protecting individual freedom in justice, and achieving balance between social order and individual freedom; finally, introducing areas in relation, first of all, it in unity with social harmfulness, criminal violation. Secondly, it is consistent with the real side of the legality.The third part, investigating the legislation by the deserved punishment. According to the second part of the definition ,investigating the implementation of legislation. Containing the proviso in article 13, time effect, statute of limitations, self-defense, emergency, and the quantitative factors in concrete crime. Identify the corresponding implementation is not subject to deserved punishment. Then made suggestion that can improve the criminal legislation in the view of deserved punishment.The fourth part, commenting on the case by deserved punishment. By commenting on two case, exploring how to implement deserved punishment in determination of the commission of a crime...