Initiation Of Punishment-in-Sense

Ever since the modern times, the system of limitation ofprosecution has been increasingly perfected, but owing to the narrowangle of research, it can't overcome the "fault-layer phenomenon".The dissertation of Initiation of punishment-in-sense faces up to thedefects of the system of limitation of prosecution, Which exploitsanother new way in seeking ways to protect the legal right of criminalfrom the quantitative angle to analyze the change of the relationshipbetween crime and punishment during the term of prosecution. Punishment-in-sense is born form the System of limitation ofprosecution, but once born out, punishment-in-sense has someparticular characters. During the whole term of prosecution, it has notonly been complying with the retributive and utilitarian prescriptionof the relationship between crime and punishment, but also beenfunctioning as a kind of penalty in it's particular way. Therefore,punishment-in-sense and punishment-in-reality converge on the sameend of criminal law from different routes. Anyway, for the criminal, the total of the criminal responsibilityshould be definited, if self-imprison and self-banish in the term ofprosecution are acknowledged as a kind of penalty, the total ofpenalty should be the sum of the punishment-in-sense andpunishment-in-reality. Then, if only the criminal is brought to justice during the term ofprosecution, there is an offset of punishment-in-sense.The value ofpresentation of punishment-in-sense lies in the direction to makepunishment more merciful and soft. The existence of punishment should be beyond any suspicion,the offset mechanism of which should also be beyond reproach, butthe point that how to offset particularly is inevitably in full of 3suspicion. Although the dissertation sets up some data to definiteoffset between punishment-in-sense and punishment-in-reality, owingto the narrow ken of the author, it is hard to avoid arbitrariness. In a word, the intention of the dissertation is not to get it's detailsacknowledged by the intellectual discipline, but to function as a cartdriving in ragged clothes to blaze a new trail in the route to overcomethe fault-layer phenomenon!...