Study On The Reverse Constraints From Penalty To Crime

Today,in the criminal trial process, people are always subconsciously declaring someone guilty before they give him a sentence,this approach and attitude have slowly extended to the views on legal provisions and legislative process. In fact, it can be questioned if it’s really the case.Recently, in the academic field,by using"criminal conviction" thinking to see the dialectical relationship between crime and punishment has become a new thought. This paper aims at using"criminal conviction" thinking to research its related issues.This paper introduces the importance and significance of punishment in the relationship between crimes,describes the essential characteristic of the crime is punitive by criminal penalty, then establishes "criminal conviction"thinking as its theoretical basis. Based on the theory,this paper uses conviction and sentencing patterns in Criminal Law to illustrate the judicial operation of "criminal conviction" thinking. After the statement of the basic concept,this paper further discusses its theoretical value and practical value. In the end, in order to reveal the true patterns criminal law legislation, as well as restoring the judicial operation of "criminal conviction"thinking,this article tries to make up the defect in conviction and sentencing patterns on criminal law hermeneutics.It is undeniable that there are certain theoretical arguments in the field of "criminal conviction" thinking, it may cause the conflict between the principals of legality and criminal culpability, as well as the inertia thinking of presumption of guilt and the expansion of judge’s discretion. To solve these problems, this article will elaborate the complete operation patterns of "criminal conviction" thinking once again. To solve the conflict between the two basic principles of criminal law, we must be clear that the lead proposition of "criminal conviction"thinking has always been the principal of legality, to solve the problem of the tendency for the presumption of guilt, we should clear that in the criminal practice, people should be declaring guilty before they were given punishment, as for the question of the expansion of judge’s discretion, some reasonable control methods must been taken. In the end, during the process, we must follow the basic operation mode of the two-way adaptation of crime and punishment,so that we can see its dialectical relationship.In short, holistic thinking and dialectical concept are used in the relationship between crime and punishment.When we face difficulties of explaining conviction and sentencing patterns, by adopting "criminal conviction"thinking, we can solve problems between guilty and innocent,this crime and other crimes,severe punishment and light punishment effectively.