Implement Of Responsibilism In The Practice Of Penalty Measurement

The Responsibilism is a fundamental principle in the criminal law system in Continental Legal System States. But there are different understandings of Responsibilism. In the common theory, Responsibilism is divided into responsibility, which refers to culpability, and penalty measurement, which refers to the result of joint action between liability and accountability. However, only when Responsibilism is understood as culpability, it is positive acknowledged that light punishment fits minor offense. Prevention-related plots can be only considered under responsibility-decided penalty. About the relation between prevention and responsibility, the controversy between the Point theory and the Extent theory existed. The Point theory should be adopted from a point of view of passive Responsibilism. However, it should be recognized that-both in the Point theory and the Extent theory-the necessity of crime prevention can be considered only under responsibility. Neither current criminal theories nor the judicial practice insist on the normalization of penalty measurement fully consist with Responsibilism. During penalty the consequential responsibility was count on crime of amount. Personal dangerousness was still taken as evaluation elements and if the offender can pay fine in advance, he can get mitigated punishment. Criminal record or recidivism cause upgrade of Statutory Sentence.There is no Responsibilism principle in criminal law of china, therefore, Article5in criminal law can be understood as the same meaning of Responsibilism principle. In juridical practice sentencing plot should be divided into prevention and responsibility, and in right order to sentence. For criminal theory and practice, the highest priority is to carry out Responsibilism in the theory and practice of penalty measurement in china to insure the human rights of defendant.