The Practice Of The Principle Of Suiting Punishment To Crime

The principle of suiting punishment to crime as one of the basic principles of criminal law,is the bourgeoisie against feudal penal cruel tyranny and privilege, put forward in the struggleto establish the relationship between a crime and the punishment principle. Adhere to theprinciple of balance is the basic requirement of strengthening human rights protection ofcriminal law function, the social harmfulness of the principle requires the severity ofpunishment should be adapted to the same crime, justice to safeguard the criminal law. As theessence of the principle of criminal law, is of great importance to the criminal legislation,judicial and conviction and sentencing has important guiding role.At present, the principle of suiting punishment to crime in China to obtain the very goodimplementation side, including the legislation on the establishment of a scientific system ofpunishment, severity of punishment principle provides different and the range of legalpunishment. In judicial practice, in order to realize the balance between crime and punishmentprinciple, more and more judicial system is established, on the balance between crime andpunishment principle plays a promoting role. But at the same time, the balance between crimeand punishment principle also has its shortcomings in our country, including some accusationlagging legislation stipulation, the sentence is too abstract, for the elastic clause arbitrarilylarge, judicial practice in the presence of sentencing deviation and sentencing procedure is notperfect. Therefore, in the current situation, in order to promote the construction of socialistrule of law in China, study on the principle of balance between crime and punishment in thedirection of development and mode of our country, combining the actual situation of ourcountry, explore its perfect way and the method, has the significant practical significance.This paper uses case analysis and theoretical study of the combination of methods, thebasic framework is put forward according to the case introduction, the focus of controversy,legal analysis and logical order draw final conclusions are described. This paper consists offive parts, a total of about more than ten thousand and8000words.The first part is the cause, the van a theft.The second part is the introduction of a theft case fan, this case occurred among familymembers, which is different from the theft crime occurred in society. The third part puts forward the focus of controversy in this case. The first view is that thedefendant fan of theft, was sentenced to ten years, and shall also be fined. Second think fan oftheft, sentenced to three years in more than ten years in prison, and shall also be fined. Thirdthink fan of theft, exempted from criminal punishment. Fourth think not treated as a crime.The focus of controversy in this case mainly in the defendant’s acts constitute crime,constitute a crime, should be how to conviction and sentencing.The fourth part is the legal analysis on the focus of controversy in this case, this part is thecore content of this article, including the connotation, the principle characteristics of crime;principle of balance in our country; in practice this principle to grasp the legal analysis anddiscussion, the various factors to be considered in the requirements of a very under theprinciple, and combined with the case analysis of conviction and sentencing of fan’s behavior.The fifth part is the conclusion of the study and some suggestions proposed by the author,through analysis of specific cases and relevant legal provisions, the defendant fan’s behaviorin accordance with article264th of the criminal law of theft. In view of this case occurredamong family members, as well as the defendant personnel without actively ill-gotten gainsand other factors, the fan’s crime, should be in the "three to ten years in prison, fined" thispenalty grade sentencing, and reported to the Supreme People’s court for approval. In theabove analysis on the basis of the discussion, the author puts forward the principle of balancebetween crime and punishment in a perfect way in our country, including the legislation to theprinciples of sentencing reconstruction, improvement of the sentencing procedure, makingjudicial interpretation, which contains the above principle, establishing the case instructionsystem and taking effective measures to improve the professional level of judges in judicialpracticeFinally, the conclusion part of the article, which is summarized in this paper, and pointedout that the principle of balance between crime and punishment in our country’s prospects fordevelopment, the future development and improvement of placed great hope.