Interpretation The Suiting Punishment To Crime By Culture

Suiting punishment to crime is the basic principle of Criminal Law。In standard applicable adapt to specific crimes,mainly exist on the choice of criminal law and criminal law subjectivism objectivism this two schools of theoretical disputes。The rich theory development and haven't been able to in criminal legislation and judicial practice of specific applicable standards。Along with the development of modern,scientific socialism,trying to a formula to achieve balanced effort and jurisdictions relationship without success。This paper is divided into four chapters discuss with a total amount of 31,000 characters。Chapter 1 is the introduction , Discusses the theory viewpoint to adapt punishment,and in criminal legislation and judicial practice how to adapt to meet to legality of difficult problems。The first chapter is discussed to adapt the objective standard crimes and its theoretical development clue of the predicament and reflection.Chapter 2 is from the perspective of legal culture connotation of jurisdictions relations evaluation standard, and points out that the punishment of evaluation involves relationship various aspects of culture. In different national cultures, the evaluation of crimes relationship is similarities differences. Meanwhile, the evaluation standard for crimes relationship with the updating of culture。Chapter 3 points outs, the choice to adapt to punishment shall be respect but not stick to the traditional. This paper firstly analyzes the legality of Chinese traditional legal concept, and then adapt to the punishment of contemporary China several issues of cultural change, and finally to adapt the crimes to prospect.