On The Relationship Between Responsibility And Punishment

Crime, criminal responsibility and penalty are the three basic content of criminal law. Their relation is one of the most important problems in science of criminal law. At different developing stage at theoretical research of criminal law, the requirements for the relation between them and behavior way in criminal law are not the same. In the course of theory development of criminal law, the studying of relation about the crime, criminal responsibility and penalty, successively presented three kinds of different views: criminal classical school argued the punishment must be suited to crime; school of criminal anthropology and school of criminal sociology argued the punishment should be suited criminal responsibility; In the criminal law of our country, crime and criminal responsibility and penalty must be suited to each other. This dissertation discusses the basic meaning of the above three kinds of different views and theoretical foundation especially, in order to pursue the scientific relation between crime and criminal responsibility and penalty. The dissertation consists of three parts.Part one described the developing history of the relation between crime and criminal responsibility and penalty. In the course of theory development of criminal law, criminal classical school maintained crime and penalty is balanced; school of criminal anthropology and school of criminal sociology maintained penalty and criminal responsibility is balanced; With the development of the theory of criminal law, a lot of country gradually argued that crime and criminal responsibility and penalty must be suited to each other. This part mainly introduced the different views in different stage.Part two mainly discussed the basic meaning and theoretical foundation especially of the different views about relation between crime and criminal responsibility and penalty, in order to pursue the scientific relation between them. The relation between crime and penalty that criminal classical school argued, pursued that penalty was suited to crime proportionally and reciprocally. That helped to restrain freedom right of judge, realize general prevention and the rule of criminal law. But it...