Commenting On The Equivalence Between Crime And Penalty Of Intentional Homicide

The equivalence between crime and penalty is one of the basic rules of criminal law in our country, which is an ideal for human beings to pursue for a long time .As to the crime of intentional homicide by severe violence, there has been a simple retribution view from ancient times that the criminal must pay with life for the killed, meanwhile the existing criminal code takes use of a special accusation different from other accusations for the statutory penalty of homicide .As a result, the death penalty are applied frequently to intentional homicide cases .It is significant to study the equivalence between crime and penalty in cases of intentional homicide.This paper empirically investigates 493 cases of intentional homicide from 16 aspects. After analyzing the correlation coefficient and testing the equivalence between spart sentencing criteria according to the quantity of crime and the quantity of pronounced punishment, although the legislation about the crime of intentional homicide is inaccurate, the equivalence as a whole between crime and penalty in intentional homicide cases in judicial practice is achieved and satisfying. This point can be manifested as the following(1)Judgers consider of legal sentence prior to situational sentence ;(2)The quantity of crime is highly correlated to that of pronounced penalty with Pearson correlation coefficient of 0.660.There are some individual cases in which the quantity of crime is not equivalent to that of punishment beyond doubt. This phenomenon arises from many reasons, partly from some testimonial negligence in the process of lawsuit, but mainly from sentencing criteria and inaccurate legislation. In the end this article proposes that in order to reach the equivalence between crime and penalty, all elements must combine into a whole in which legislative balance is a prerequisite, empirical research is an important way, and the scientific criteria for sentencing is an affirmative assurance, and criminal cases are beneficial supplies.