Balance Of Crime Is Not A Typical Phenomenon Of Study

The principle of balance between crime and punishment is not so arresting as the principle of a legally prescribed punishment for a specified crime. Even it is disputable about its position among the criminal principles. Regardless it is given clear statement provision in the criminal law or not, it should be one of the criminal core principles.The history of principle of balance between crime and punishment is long. It developed the peak in the classical school period. Its value is approved by people, but some concrete systems such as recidivism, parole, annihilation of punishment, disobey it. It is expressed that they are reasonable through their existence. So it is necessary and inevitable hunting for the basic of reasonableness theoretically. In the thesis, with the beginning of the typical balance between crime and punishment, it is thought that the reason of the formation of nontypical balance between crime and punishment is that some theories in current criminal ideas escapes from the fulfillment.This thesis is about thirty-five thousand words and it is divided into five parts, The concrete content of each part are following:Part one: Introduce. In this part, origins of the principle of balance between crime and punishment is introduced first. And the connotations of crime and punishment are expatiated. In the typical balance of crime and punishment, The main meaning of crime is evil act, while the main purpose for punishment is for retribution, looking after both sides the prevention. Then criminal nontypical phenomena are introduced. At last, nontypical phenomena of balance between crime and punishment are expatiated.Part two: Nontypical phenomena of balance between crime and punishment in system of measurement of penalty. Concrete analysis about some important system of measurement of penalty, such as recidivism, voluntary surrender, meritorious service, are given concrete analysis in this part. According to the law rules and the basis of theories ,they have no violation to the principle of balance between crime and punishment.Part three: Nontypical phenomena of balance between crime and punishment in execution system. In execution system, there are probation, commutation and parole systems which form nontypical phenomena. Their common characteristic is the dangerousness of the convict reduces through the convict's performance after action or during the execution. Superficially, their existence challenges the principle "all the crimes must be punished" of principle of the balance between crime and punishment, but seeing from the balance of evil and punishment, they also have no violation to the principle of balance between crime and punishment.Part four: System of annihilation and balance between crime and punishment. First, in the basic of definition of annihilation, the classification of annihilation is given. Then, the main annihilation in our country: system of prescription of prosecution is discussed. The annihilation does not violate the principle of balance between crime and punishment.Part five: Discussion on the basis of theories of nontypical balance between crime and punishment. The main reason of above phenomena become nontypical lies in that the traditional idea of crime and theory of punishment can't explain the margin between these phenomena and traditional theory of balance between crime and punishment. Then through reexamination on the traditional idea of crime and theory of punishment, we can come to the conclusion that the main factor of crime is the evil responded by behavior-centered objective terms, and the main purpose of punishment is special prevention, looking after both sides general prevention and retribution. Seeing from the balance between evil and punishment and the prevention purpose of punishment, these nontypical phenomena do not violate the principle of balance between crime and punishment.