On Principle Of Suiting Penalty To Crime And Criminal Responsibility

Crime and penalty is the eternal theme of the criminal law, after thepromulgation of the eighth Criminal Law Amendment (hereinafter referred to theeighth amendment), the principle has sparked heated discussions again. This paperfirstly describes the development of the Adaptability Principle of Crime,Responsibility and Penalty, then analyzes the meaning and the status quo of theprinciple and focuses on the embodiment and deficiency of the principle in theamendment. It can be divided into six parts:Firstly, this part focuses on the development of the Adaptability Principle ofCrime, Responsibility and Penalty. It firstly describes the concept of homomorphismrevenge in primitive society, then expounds the development process of the principleand focuses on the process in China. The principle in China has comprehendedobjectivism and subjectivism, and the crime and the penalty have been connected bythe responsibility. This can not only overcome the disadvantages of rigidity caused byobjectivism,that is, the principle of suiting punishment to crime, but also absorb theflexibility characteristics of subjectivism,that is,the principle of individualization ofpenalty, so it can promote to guarantee human rights.However, in the principle, thebehavior is the most important,and the personal dangerousness plays auxiliaryfunction. The behavior and the personal dangerousness constitute the basiccomponents of the principle together.Secondly, the part focuses on the connotation of the Adaptability Principle ofCrime, Responsibility and Penalty. It mainly expounds that the principle is not onlydifferent from the nemesis with equal quantity, but also different from the doctrine ofsevere punishment in China during the Strike-Hard period. In order to achieve thepurpose of special prevention, according to utilitarianism, the legal punishment whichcriminals have been subject to is actually greater than the social harmfulness of theirbehaviors. However, the principle can not be seen extremely as the doctrine of severepunishment, because that may not be effective to restrain crime, and sometimes may get contrary result.Thirdly, the section focuses on the Adaptability Principle of Crime,Responsibility and Penalty and the Criminal Policy of Combining Punishment withLeniency..It mainly explains the development and the legal status of the criminalpolicy and the relationship between the principle and the policy. The policy provides aframework for the principle, and the principle is the concretization of the policy.Between the two, there are dialectical relations of supplement each other, united in thepractice of the principle.Fourthly, this part focuses on the present situation of application of theAdaptability Principle of Crime, Responsibility and Penalty. It mainly analyzes thesituation of Crime, Responsibility and Penalty incompatible in the accusation of thelaw, such as the contradiction between the general case of the crime of organizingothers to sell blood and the injuries corresponding to lighter punishment, thecontradiction between the crime of rape and the crime of going whoring with girlsunder the Age of Fourteen, and put forward proposals to perfect them.Fifthly, the section focuses on the Adaptability Principle of Crime, Responsibilityand Penalty and the eighth amendment. It firstly describes the background of theamendment issued, and then analyzes the embodiment and deficiency of the principlein the amendment from the two parts of the general rules and the sub rules. Thegeneral rules include the death penalty, the fine penalty, the surrender, the meritoriousservice, and the confession. The sub rules include the organized crimes with gangnature, the economic crime, the crime of owing the reward maliciously, the crime ofdriving dangerously, it also advocates the abolition of the death penalty combinedwith the current hot case of Wu Ying.Sixthly, this part is to study the mechanism of improving the AdaptabilityPrinciple of Crime, Responsibility and Penalty. It is to analyze from the legislativeand judicial part.The former one focuses on sentencing, the latter one includesjudicial interpretations, the guidance cases from the Supreme Court, the independenttrial of judges. Finally, the relief mechanism outside the law should be established tomake up for the deficiency of the principle.