Discussion On The Notion Of Equilibrium Between The Criminal And Punishment

Criminal and punishment is the eternal subject for the criminal law researchers. These two can not be separated, especially under the notion of the equilibrium between the criminal and punishment. The continuous pursuit of this equilibrium is the permanent impulse of human-beings, to the criminal law, on the basis of the just and simplicity conception. What is more, after the equilibrium between the criminal and punishment had been promoted as the essential principle of criminal law by the classical criminal jurisprudence school, it became the internal spirit of modern criminal law.As a notion, the equilibrium between the criminal and punishment's root is human's instinct yearn towards equivalence. It also indicates human's invariable pursuit of just and ration. The equilibrium between the criminal and punishment is an important part of criminal law's theory, and a lot of criminal law scholars have had the incisive discussion and analyses on this topic. This essay will try to put forward the connotation and criterion of the equilibrium between the criminal and punishment on the basis of its development, other countries'legislative experiences, and scholar's research as well. The author makes a comparison and analyses of the notion between the classical criminal law school and the criminal positive jurisprudence. The purpose of doing so is to clarify the view of different jurisprudence on this notion,and to do good preparation for the exploration of this notion's connotation. The author analyses the specific conception in"the equilibrium between the criminal and punishment"---"criminal", "punishment", "equilibrium". The conclusion is that"criminal"is the unification of social jeopardy and danger that in human society. "Punishment" is the unification of'the retribution punishment"and"Benthamism punishment" as well as the unification of "chastisement" and "reconstruct punishment". The author also discuss the connotation and the value of equilibrium, its status and significance. The author finds the actuality of the equilibrium between the criminal and punishment in modern China through the consideration and analyses of China's"Criminal law", rule 5, and puts up some problem exciting in it in China nowadays. The author tries to explore the criterion of the equilibrium between the criminal and punishment. This chapter is the core of this essay, and it is also the most important problem that needs to be clarified in this essay. So the author discusses the responsibility for an offence, quantification, legal punishment and firstly uses the "legal responsibility"as its criterion. The way to improve the equilibrium between the criminal and punishment. In this chapter, the author analyzes the problem of it in China when we put it into practice. Then some suggestions are given. The conclusion of the whole essay.