Reflection Of Sentencing Impacting Conviction And The Purpose Of Punishment Of Equilibrium

Sentencing impacting conviction is always controversial and demanding prompt solution,because it pursues impartial sentencing ostensibly,but easily overlook the due logic and designation of crime in the increasingly developing criminal law theory,at the same time also faces a challenge in the judicial practice.Sentencing countering conviction theory reveals the homogeneity paying more attention to consequence and aggression upon legal interest,thus dissolves substantive requirements for legal principles of punishment.Under the coat of “ Creative criminal relationship”,sentencing countering conviction theory is easy to destroy the basic idea of a legally prescribed punishment in essence,which is ineligible.In order to better realize the of demand for balance between crime and punishment,on the basis of reflection and summary on Sentencing impacting conviction theory,this paper explores the choice for reasonable path within the framework of norms of criminal law,mainly divided into three chapters:Chapter 1 mainly discusses the similarities and differences of doctrines of current Sentencing impacting conviction theory,and analyzes research status of analysis theory.To study sentencing countering conviction theory,first,be clear about the core point and the forming reason of the theory,after discussing the similarities and differences between various theories,summarize and conclude it,which provides the antecedent conditions for later research.In the judicial practice,there are some cases using Sentencing impacting conviction thinking,which endows study of sentencing countering convictions with much better starting point.Both “sentencing deciding conviction theory “,and “sentencing limiting conviction theory” have some merits in the process of expounding opinions.The distracting concept in theoretical industry,causes ideas to present same but far different feeling,so this paper is to sort out the similarities and differences between different views and simply it.Chapter 2 mainly reflects the thinking mode of sentencing countering conviction systematically.Criminal relationship is undoubtedly an important content in the thinking mode of sentencing countering conviction.This chapter,by thinking the time-space criminal relationship and hierarchy relationship in different angle,tries to more clearly present sentencing dependency on conviction in the process of analysis.In essence,the characteristics emphasizing the dangers of crime,ignores the stereotyped crime itself,easily ignores the basic premise,that is,the principle of legally prescribed punishment is the foundation of equal criminal law principle and adaptive criminal principle.It is first considered that the rationality of sentencing is a kind of moral evaluation abandoning the certainty of sin.On the basis of previous statement,in order to achieve the purpose of punishment of equilibrium,chapter 3,under the thinking mode of exclusion of sentencing counter convictions,strives to demand more reasonable path.In the path of the norms of criminal law,the author discusses established significance and the concrete application in mitigating punishment discretionarily,considers the characteristic of clause itself discretionarily mitigating punishment,and make reasonable and necessary restrictions in application;Moreover,the explanation of criminal law can also well balance the offense,especially actively exert the connotation and proper meaning of the humanitarian under the dilemma of balance between crime and punishment.