| The pursue for the parity is person's instinct. In the primitive society and the early time of human society, the performance of this kind of pursue is the homomorphism retaliation to violation, and the performance is "Eye for eye and tooth for tooth ". After Entering the national society, the personal relief is no longer legitimate, and the substitute for the personal relief is the national relief to pursue coordinated retribution to criminality. The primitive retaliation becomes national penalty. There are many different viewpoints about the relation between the penalty and the crime. The criminal classical school value the criminal objective behavior, and thought that the penalty must be balanced with the criminal objective behavior and the result, and advocated the balance between crime and punishment principle. The criminal positivist school value criminal person's disposition, and thought that the penalty must be different depend on different person's disposition, advocated individualization of punishment principle. Two principles are different on background, rationale, basic concept. Both principles are valuable to the penalty's decide. This article embarks from two principles'historical evolution, and claims that the two principles are unification. The goal is to discuss the status of two principles to suitable at the penalty, and wants to make it clear that the principle of deciding penalty in judicature practice.The full text divides into five parts of following:The first part, introduction. This part described the opposition of the balance between crime and punishment and individualization of punishment. The practice indicated that two principles gradually tend to unify.The second part, the balance between crime and punishment and individualization of punishment's historical evolution. This part elaborated the development of the balance between crime and punishment and individualization of punishment's connotation, and introduced different theory strutting two principles in different time.The third part, introduced and discussed foreign country's related system. In the foundation of introduction of correlation country's system, discussed partial countries'stipulate about the balance between crime and punishment and individualization of punishment. Thought that in the correlation country's judicial practice, two principles display unification.The fourth part, judicial unification of the balance between crime and punishment and individualization of punishment. This part elaborated that two principles are unified on the rationale, and elaborated two principle's value pursue and the system design on judicature. Believed that the balance between crime and punishment principle is the foundation and the decisive principle. Individualization of punishment principle is the supplement and the non-decisive principle.The fifth part, penalty's deciding principle of China. Under ground of part four, this part claimed that our country's penalty deciding principle should be the balance between crime and punishment principle, and the individualization of punishment principle is supplement and revisit principle.The conclusion part is the viewpoint summary to the article. |
