The Conviction Mechanism Of Deserved Punishment

This article will reconstruction the relationship between three features of crimination. The author think that the essential feature of crimination of "deserved punishment" is serious social harmfulness,and whether it reached the standard of severity is depend on whether it should be punished by penalty and the amount of punishment. The legislators take it as ascertained offense,and that lead to the feature of criminal illegality. The author think deserved punishmentis the standard of social harmfulness,it exist as the quantitative factor in the process of judging criminal. It include the meaning of whether use punishment and how many amount of penalty should be applied. In the legislation,criminal illegality limit the concept of crime through quantity,In the judicial practice,deserved punishment show it’s function on tatbestand material interpretation through quantity when facing difficult cases. For the latter,in the trial of difficult cases,because of the intersectionality of criminal law,the hysteresis of legislation and the limitations of language,when using syllogism to criminal conviction,there are paradoxical situations and a variety of options that lead to the uncertainty on criminal convictionsentencing,so the best choice is take deserved punishment as the factor on criminal conviction. In the difficult cases,the function of deserved punishment reflect on whether it’s criminal,which accusation and the plot. The specific applicable method is first confirm the need of punishment,then consider whether the punishment is too heavy or too soft,then decide the name of crime and the amount of punishment,the last is demonstration.