The Justness Foundation Of Criminal Penalty

Whether it is in any country any historical stage, when the emergence of the penalty, why the penalty should exist, but also how to exist, has always been each jurist who has been struggling to demand answers. Penalty of deprivation of the rights of others and impose moral condemnation as the main content of the penalty is justified, not only related to the State to exercise the power of punishment is justified, but also related to personal interests as well as deprivation of liberty is justified. For this problem, determine not only the criminal law-related questions, but also to specific operations in which our judicial practice. This article first re-carding comment on the penalty according to the theory of evolution process, laid the foundation for the post. Our penalty based on the confusion and then for reflection, and discusses our penalty inevitable choice based on the theory of combination theory, focus on different aspects of merging theory and the penalties for the use of different stages, to seek the appropriate penalty in the dynamic equilibrium Merging theory that penalties exist based on both the retribution of crime, but also on crime prevention, protection of society. The article is divided into three parts:The first chapter introduces the origins of the penalty, and penalty features. Defined the nature of the penalty, object, and the main body.The second chapter focuses on as a sentence in accordance with the penalty based on retribution on the penalty utilitarian respective reasonable place. Legal retributivism from divine retribution’to retribution on the experience of the development of the times, its most basic justice has also become one of the support penalty justified under utilitarian general prevention theory with special prevention theory for the penalty justified basis.Chapter III of the New China, should be in the penalty according to how to choose a reasonable anticipation of future development. Retribution and prevention are mutually compatible unified. Retribution to constitute the penalty base, on this basis should also consider the purpose of positive general prevention and special prevention. Different stages of the criminal activities of retribution and prevention have different focus, to choose to suit our national conditions and penalties as a basis for guiding judicial practice.