Discussion About The Restrictions Of Principle Responsibility On The Condition Of Law Promotion

The statutory punishment escalation condition is a sufficient and necessary condition for the basic guilty when aggravating the penalty,and it is also a criminal punishment basis for investigating a more serious degree of social harmful behavior.Domestic and foreign scholars have always favored the legislative provisions governing the conditions for the promotion of legal punishments,and constantly expanded the scope of research on legal conditions for the promotion of punishment,in order to achieve the original source.However,due to the differences in legal system,criminal policy and judicial environment between the civil law system and the Anglo-American law system,the research scope of the statutory punishment escalation conditions in various countries is narrow,and the research content presents regional characteristics.The principle of responsibility is an indispensable subjective factor based on the contemporary study of criminal punishment.As an aggravated constitution of one of the legal conditions for promotion of punishment,its basis of imputation is to solve the theoretical basis for aggravating the criminal liability that constitutes a crime.As a basic constitutional corrective element,the statutory penalization condition sets up a bridge between the basic composition and the aggravated constitution and the criminal responsibility.The principle of responsibility is the dividing point,and the conditions for the legal promotion of punishment are divided into aggravated constitutions and sentencing rules.The concept of aggravated composition belongs to the category of crime,and the concept of sentencing rules belongs to the category of penalty.The clear concept is the premise of the study of propositions.It summarizes and combs the concepts of the relevant research propositions by scholars at home and abroad,and extracts the concepts of “pure statutory punished offenders and imprecise statutory punished offenders” advocated by this article.Clarifying the concept,classification,nature,and characteristics of the condition of statutory punishment escalation is conducive to a comprehensive and in-depth understanding of the substantive connotation of the statutory punishment escalation,the analysis of legal principles,and the meaning of screening.The statutory punishment upgrading conditions are not a single evaluation system but a comprehensive and multiple evaluation system.Based on the determinism and non-determinism as the theoretical basis,from the perspective of behavioral responsibility theory,social responsibility theory,normative responsibility theory,and personality responsibility theory,the comprehensive,multidimensional,and systematic research on the impact of the responsibility theory on the statutory punishment upgrading conditions.To discuss the justification of the legal punishing conditions and clarify the basis for the imputation of aggravated penalties is conducive to better protection of human rights and the spread of the concept of heavy penalties.The theory of substantive responsibility will be the cornerstone of the statutory punishment promotion,and the conjunctiveism is the correct path for the statutory punishment.Although the statutory punishment reform is a problem in the study of the scope of the penalty theory,it is bound to involve the category of crime if we want to reach the unity of the crime and punishment after the legal punishment is upgraded.The statutory punishment of the sentencing benchmark has a benchmark that is different from the general criminal discretion.The “differentiation between the quantified standard and the qualitative standard” has the superiority of the basic criminal sentencing benchmark.This article uses the method of case interpretation under the framework of Chinese and foreign criminal constitutional theories to further improve the penalties for legal punishment.