Reflect On The Division Circumstances Of Responsibility Penalty And Circumstances Of Prevention Punishment

Since the implementation of standardized sentencing reform,relevant departments have revised and improved the reform results several times on the basis of summing up practical experience,which has played a positive role in standardizing sentencing activities and promoting sentencing justice.At the same time,the standardization of sentencing exploration and results have been questioned from the theoretical and practical circles.Among them,on the grounds that the results of standardized sentencing reform violate the doctrine of sentencing responsibility,the criticism of distinguishing the circumstances of responsibility punishment and the circumstances of punishment prevention is particularly prevalent.But this classification is worth rethinking.The reflection conclusion of this paper is that such a distinction is inadequate.First of all,the basis of distinguishing the responsibility penalty and the prevention penalty is not clear.In the history of criminal law,there are different opinions on the nature and relationship between responsibility and prevention.In addition,the judgment of responsibility in penalty judgment is far more complicated than that in crime theory.Secondly,the distinction standard of responsibility penalty and preventive penalty is not scientific.As a matter of fact,there are a lot of sentencing circumstances which can not be summarized by responsibility and prevention in the sentencing standards and practices of our country,and some sentencing circumstances also have the attributes of responsibility and prevention.The existence of independent circumstances and double circumstances shows that the views of this distinction are not flexible and not mutually exclusive.Thirdly,the introduction of the concept of sentencing base on which the differentiation point of view depends will inevitably be "acclimated",which will not help to solve the problem of determining the benchmark penalty,but will lead to repeated evaluation or inadequate evaluation.Finally,under the responsibility of the penalty point to intervene in the prevention consideration,and then obtained the method of sentencing means that prevention is the decisive factor in sentencing consideration,which will undoubtedly affect the unity and stability of sentencing.The viewpoint of distinguishing the responsibility penalty and the prevention penalty ignores the reality of different discourse systems,and is not consistent with the current sentencing system of our country.The basis and standard of the view of distinction are not clear and scientific,and the application of sentencing circumstances under the view of distinction is hindered by various interpretations.