On Responsibility And Punishment To Adapt The Principle

The first part of this paper wents with to the history of the principle of suiting punishment to crime and criminal responsibility .It mainly descripts that the principle of suiting punishment to crime and criminal responsibility was taken off from the sentence without authorization in Feudalistic society,with the establishment of the thought of enlighten and the victory of capitalism revolution,it was established in crime code as a basic principle in many capitalism countries.In earlier period,this principle was according to retribution doctrine which was claimed by crime classical school,which meaned that the penalty was the inevitable outcome of the crime,the degree of the penalty must absolutely equal to that of the crime.The famous standpoints included "the same quantity retribution", "the equivalent retribution" and norm retribution doctrine.In the late of 19 centary,the prosperous of utilitarianism makes that penalty was not the need of commiting crime, but the need of the crime prevention. It appeared the norm utilitarianism school and the behavior utilitarianism school,at this time this principle declined gradually.The rose of the responsibility doctrine in 20 centuries made the principle re- head for prosperous.The creation of the responsibility concept made penalty not according to the retribution or crime preventions any more, but according to that the criminal should be punished.Then the principle had the new meaning.The second part of the paper mainly includes the definition of every elements , such as "crime", " responsibility"and "punishment".,in order to carrying on the thorough analysis to the principle of suiting punishment to crime and criminal responsibility in the new period .In this part the writer dont think that the" crime" should be made a too bread explaination or a too narrow one;for the " responsibility" the writer mainly discussed the necessity that its existense;the punishment is thought to equal to the penalty, but it still has some opposite." be compatible to each other" means that the punishment should be went with crime and criminal responsibility at both quality and quantity .The third part mainly elaborated the circumstance that the establishment of the principle of suiting punishment to crime and criminal responsibility in the criminal law of our country .First the establishment of this principle in abstract provisions and specific provisions will be elaborated,then the...