Research On The Allocation Of Legal Penalty

The legal penalty allocation refers to the penalty and the penalty choice to make the penalty correspond to all kinds of crime.Whether the statutory sentence allocation is reasonable or not is of great importance to the accuracy of sentencing.Throughout our country's legal punishment configuration reform process,the outstanding problems encountered are many unreasonable provisions in our country's legal punishment allocation,which are mainly reflected in:in the legal sentence allocation structure,too many crimes include the death penalty,lack of some penalties in the structure,and the maximum ceiling for imprisonment in our country is too low;inside a variety of crimes,the setting of the legal penalty range,between the various forms of torture,the allocation of the principal punishments and supplementary punishments is not reasonable;there is an incompatibility between the crime and the other crime.As a result,due to the unreasonable distribution of the current statutory sentence in judicial practice,unfair judgments have been taken and the law's impartiality and authority have been seriously affected.Therefore,a scientific and reasonable allocation of the legal punishment in our country is an important basis and guarantee for the smooth implementation of the measurement of sentencing standardization.At present,the allocation of legal punishment in our country should follow the principles of clarity,humanity,balance,mercy and the modesty principle of criminal law,and to determine the compromise of the penalty purpose theory as the basis of guiding the legal punishment allocation activities in China.Aim at the flaw in the allocation of legal sentence in our country,in the legal structure of the criminal structure should be abolished the death penalty for certain crimes,add some new kinds of punishment,increase the maximum limit of imprisonment in our country;inside a variety of crimes,appropriate to set the legal penalty range,set a variety of reasonable principal punishment,reasonable collocation of the principal punishment and supplementary punishment;in this crime and the other shouldimprove the legal punishment of his uncoordinated regulations.