The Legitimacy And Application Scope Of "Penalty Influencing Conviction"

With the complexity and change of modern criminal cases,the traditional criminal trial logic syllogism is not enough to deal with the complicated criminal cases.The traditional criminal trial logic has inaccurate large and small premises and logical paradoxes when dealing with criminal cases.This shows that in criminal trials,relying solely on syllogisms as the logical basis for the judgment of criminal cases cannot solve many difficult problems encountered in judicial practice.Among them,"accurate conviction and reasonable sentencing cannot be balanced" is a typical embodiment of the problem.In order to solve the logical drawbacks of the traditional criminal trial syllogism,the "reverse syllogism" type of reverse criminal trial thinking came into being.This kind of reverse logical thinking in line with the background of Chinese criminal law is called the concept of "criminal punishment".This kind of reverse criminal trial thinking,which is different from the traditional criminal trial logic,has two camps in academic circles about its application legitimacy.Scholars’ debates on the legitimacy of the theory of "crime by punishment" mainly focus on the following aspects: whether "crime by punishment" is out of the analytical framework of legal doctrine,whether "crime by punishment" violates the principle of statutory crimes and punishments.Whether "crime by punishment" can play a role in the interpretation of the criminal law,and whether "crime by punishment" will lead to the abuse of the judge’s discretion.Although scholars in different camps have similar basic viewpoints,there are differences in the basis for their affirmation or denial of the validity of the application of "crime by punishment".Among them,in the affirmative camp,there are also differences in the scope of application of "criminal punishment".There are "difficult cases theory","criminal coexistence theory",and "all cases theory".On the basis of affirming the legitimacy and applicable value of the application of "crime by punishment",and trying to analyze the legitimacy of the application of "crime by punishment" from the dual content of practice and theory,supplemented by case studies.This proves that "crimination by punishment" does not violate the principle of legally prescribed crimes and punishments,and can combine theory with practice well.Through the logical deduction of "crime by punishment",it is found that "crime by punishment" should not be adapted to all types of cases.It is proposed and explained that "crime by punishment" is more suitable for "crime and punishment imbalance cases"."There are legislative gaps." "Cases" "cases where there is a statutory penalty promotion" and "cases where the content of criminal norms is not clear".In addition,related criminal cases are used to check the scope of application proposed to see whether the concept of "criminal punishment by punishment" can be consistent with crime,responsibility and punishment.