Theory Adapt To And Individualized Punishment Of Crimes Of Conflict And Unity

The criminal classical school value the criminal objective behavior, and thought that the penalty must be balanced with the criminal objective behavior and the result, and advocated the balance between crime and punishment principle. But the theory of the balance between crime and punishment cannot adopt to the historical development and the social trend. Through scientific methodology, the school of criminal positivism formally put forward the theory of the individualization of punishment. The individualization of punishment value the criminal objective behavior, and thought that the penalty must be balanced with the criminal objective behavior and the result. The two principles are different on background, rationale, basic concept. This article embarks from two principles’historical evolution and claims that the two principles are unification.The full text divides into three parts of following:The introduction part described the opposition of the balance between crime and punishment with the individualization of punishment. The practice indicated that two principles gradually tend to unify.Chapter one-this part elaborated the balance between crime and punishment, and discussed the historical evolution of the balance between crime and punishment. It points out the foundation of the balance between crime and punishment is retribution doctrine and norm utilitarianism.Chapter two-this part elaborated the individualization of punishment, and discussed the historical evolution of the individualization of punishment. Criminal positive jurisprudence school bring out the individualization of punishment principle, and it developed from retributive justice and general prevention to individual prevention. It points out the foundation of the individualization of punishment is utilitarianism theory.Chapter three-the conflict and unification of the balance between crime and punishment with the individualization of punishment. The conflict of this two principles is as follows:1.The different respect of two principles-committed crime and uncommitted crime; 2.The different of punishment purpose-retribution and prevention; 3.The choice of inside value-justice and utility; 4.The conflict of measurement in punishment. The two principles developed according to specific history task and deep rationality and had deep rationality. But one sided,This part elaborated that two principles are unified on the rationale, and elaborated two principle’s value pursue. Believed that the balance between crime and punishment principle is the foundation and the decisive principle. The individualization of punishment is the supplement and the non-decisive principle. Introduced and discussed foreign country’s related system. This part also discussed several penalty deciding principles of China and made some suggestions.The conclusion part is the viewpoint summary to the article.