The Study Of The Symmetrical Behavior

The study of the symmetrical behavior in the field of Academia of criminal law has been popular cold, but the legislative discussion between "The Amendment(9th) to Criminal Law"(hereinafter referred to as The Ninth Amendment)and the promulgation and implementation afterward can be seen, the symmetrical behavior has been already get the highly attention of the legislators.When setting the criminal punishment, the legislators will take more consideration on the principle of symmetrical behavior and the behavior of the combination of two-way correction, it can be called that this is the new ideas of criminal legislation and justice which response to symmetrical crime. In this article, in order to avoid the controversial concept in different contexts, so we use the concept "symmetrical behavior" but not "symmetrical crime". Then the basic theory of symmetrical behavior is based, we do research on three groups of symmetrical behavior in The Ninth Amendment. Among them, the author thinks that the correction of buying abducted women and children in crime in the legislation is reasonable and it will not lead to rescue difficulty, and some scholars proposed this crime should be added fine penalty based on the symmetrical relationship between the behavior of buying and trafficking but we objected. The new justice question which the law caused is worthy of our reflection. The crime of the purchase of identification card, the author do not agree, is added in criminal circle. But also the author put forward that the purchase behavior in the filing standards and sentencing standards should be strictly controlled so that the criminal law is not too harsh. The legislation reform of the bribery and offering bribes is also reasonable, limiting the conditions of lenient punishment on offering bribes and the additional penalty of fine, it can be said to punish bribery crime and more scientific and reasonable. Also, the design will not cause the difficulty of bribery crime investigation. We need to get rid of the unbalanced practice in the punishment of bribery crime, but pay attention to the two-way governance.To the crime prevention and correction, we need to combine the profound theory,criminal legislation with the judicial practice. In the perspective of The Ninth Amendment to see the symmetrical behavior, is actually in the perspective of thesymmetrical behavior to see The Ninth Amendment cases, the two complement shine each other, which guide the theoretical vertical law practice and enrich the theory connotation.