Implement Of Responsibility In The Practice Of Penalty Measurement

Sentencing is both an important theoretical issue, but also an important practical issue. With more and more reports for social hot case of improper sentence and with continuous exploration and advance of sentencing standardization, Sentencing issues become more and more important. From the perspective of normative sentencing activities, find start point and limitation of penalty, by establishing liability doctrine as a basic principle of discretionary penalties. By emphasizing the restriction on the right of punishment to solve the problem of improper sentence, to realize normalization and scientific of sentencing activities, and also to improve the acceptability of the results of sentencing with great theoretical and practical value.In the theory system of civil law system in the present world, Doctrine of liability and the Principle of Legality and Jural Right Protection together become basic theory of principles in country ruled by law. Doctrine of liability in sentencing activities emphasizes that liability is the foundation, liability determines the limitation of liability as well. In the thesis. According to reference, Doctrine of liability means’Retribution Restricting Utility’, it’s the inner requirement and basement of purpose of penalty, it pursuits the principle of crime balance and individualization of penalty and finally realize the objective of standardization of sentencing. In a word, Doctrine of liability has an important significance in criminal jurisprudence.But in the newly Sentencing guidance which carry out by Supreme People’s court, not explicitly establish Doctrine of liability as the basic principle of sentencing. Even without distinguish the sentencing circumstances in accordance with Doctrine of liability, distinction as responsible punishment and preventive punishment. Above all lead to the confusion in the application of sentencing circumstances in sentencing practice. In addition, the statutory sentence range of each crime indictment is too broad which causes the problem of improper sentence between courts at all levels and even different periods of the same court. Concrete in the sentencing process, how to consider the relationship between responsible punishment and preventive punishment, what extent do they affect the punishment quantity in sentencing. Besides in the goal of penalty, how to measure general prevention and special prevention and also what extent do they affect the punishment quantity in sentencing? All of these problems are not clearly defined in our criminal legislation and criminal justice. For these purpose, in this paper, doctrine of liability should be carried out in the penalty discretion and the responsibility factors and prevention factors which should be considered. Under the guidance of liability, changing the traditional sentencing circumstances classification divide the circumstances of the sentence into the responsible punishment and preventive punishment according to their function. Further more specific concrete elements of them, make sure their application order and application limitation in sentencing in order to guarantee doctrine of liability play a guiding role in sentencing.