The Discussion On The Realization Of The Principle Of Suiting Punishment To Crime And Criminal Responsibility In Practice

The principle of suiting punishment to crime and criminal responsibility is a basic principle of punishment in our country, its implement applicable is important embodiment in modern criminal law value pursuit. The essence of the principle of suiting punishment to crime and criminal responsibility requirement is make sure the real correspondences on the criminal crime shall bear criminal responsibility and the criminal punishment final. Among the crime and penalty and criminal responsibility should keep the inner relations of unity and balance.Adapted from the principle of suiting punishment to crime and criminal responsibility of the historical evolution, the principle of suiting punishment to crime and criminal responsibility is emphasized after the retribution doctrine, utilitarianism, it was create in theory with the emergence of eclecticism. Thus thorough analysis the meaning of crime and penalty and criminal responsibility which contained in the principle of suiting punishment to crime and criminal responsibility, definitely it developed from the principle of suiting punishment to crime. The criminal law adapted the clear rules about the principle of suiting punishment to crime and criminal responsibility first time in 1979, showed that the criminal responsibility is an important and indispensable content between crime and punishment, interpret the realistic significance of the principle is realization of fairness and justice, maintaining basic human rights and realize the purpose of criminal law to punish crime, crime prevention. The principle of suiting punishment to crime and criminal responsibility has important guiding significance in the legislation, judicial and law enforcement, so it’s reflected in our country’s criminal legislation, judicial and law enforcement, and with the continuous optimization of the law environment, better the degree of the realization of this principle, and made the principles to realize fairness and justice in criminal field should play a guiding role. But there is a gap between reality and ideal always.Always the gap exists between reality and ideal, although legal workers want adapted for the realization of the principle in the real practice fully, but inevitably a lot of problems still exist. The author arranged according to the criminal field of legislative, judicial and law enforcement, on the problems existing in the different fields had depth analysis. For example in the field of criminal legislation, the problems generated from carrying out the principle, the author described respectively from the specific provisions of general provisions of criminal law and criminal law; In the field of criminal justice, being considered the conviction and sentencing at the same time, the paper expounds the key problems in sentencing; In the field of criminal law enforcement, The imbalance problem of crime and criminal responsibility in the probation, commutation and parole which is the main three kinds of judicial system according to the execution link has analyzed the reasons. Finally put forward the feasible Suggestions for these problems that existing in the reality, by means of the author’s searching to seek solutions to these problems.