The Integration Of Criminal Justice And Relation Between Crime And Punishment

Criminal integration thought connotation is that of criminal law and criminal law operation in internal and external coordination state, can exert the best function of criminal law. Criminal integration is designed to achieve the best social benefit of criminal law. Criminal integration thought points out the criminal elements exists between the mutual connection and mutual and harmonious relationship, which gives the relationship between crime and Punishment--new theory according to the punishment crime theory opens up a new train of thought, and, based on the integration of criminal thought as the guide, a comprehensive analysis of China’s current relationship between crime and punishment theory, key is advocated in the traditional the relationship between crime and punishment theory on the basis of increased according to the punishment crime theory of attention, and strive for the relationship between research and solve specific issues in judicial practice as a modest point.This article is divided into six parts to discuss:The first part discusses the relation between crime and punishment in the basic concepts, including the definition of crime, penalty concept and nature, the relationship between crime and punishment of traditional features in detail, in this part of the traditional relationship between crime and punishment in our country at present the paper leads to the relation theory is the part to be improved, so as to the next step forward to the punishment system of crime and penalty theory provides matting.The second part discusses the relation of crime and penalty in the penal system theory, combined with the integrated thought of criminal punishment system for support to the theoretical basis of the concept of crime, punishment to crime viewpoint put forward to lay a solid theoretical foundation.The third part analyzes the crime to punishment system concrete manifestation, is divided into two parts in the legislation and judicial practice to conduct a detailed analysis, from the legislative order analysis in crime and punishment, in the judicial practice in the analysis of the conviction and sentencing reflects the according to the punishment crime thought. This part of the paper indicates that according to the punishment crime is the existence and our legislation and judicial practice, the academic theory is not empty.The fourth part analyses the value according to the punishment crime, according to the punishment crime theory of value in the relationship between crime and punishment theory perfect, implement the criminal policy of combining punishment with leniency, reflect the restraining criminal law three aspects, analysis according to the punishment crime value put forward at the same time used in the practice according to the punishment crime theory method.The fifth part based on the integrated thought of criminal punishment system, to analyze the relation of crime and penalty function when in need to coordinate the external reason relation. Criminal integration theory emphasizes the criminal law the overall operation mechanism is smooth, one of the most critical is the relationship between internal and external coordination of criminal law, in criminal integration thought of the relationship between crime and punishment of criminal law will be positioned as the internal relations, according to the punishment crime belongs to the category of the relationship between crime and punishment, also belongs to the criminal law of internal relations, therefore, in the use of the penal system the crime criminal law theory at the same time involves external relations, to ensure the overall coordination of criminal law.The sixth part is the conclusion, on the point of doing a generality elaborate, summarized the whole content.