Research On The Judicial Realization Of The Principle Of Suiting Punishment To Crime And Criminal Responsibility

The principle of Suiting Punishment to Crime And Criminal Responsibility is a basic principle of criminal law which should run through criminal legislation and judicature.From first appeared in the public view of Xu Ting,the balance of them is still the main problems existing in the judicial practice,most of these cases in the sentence,but worryingly often sentenced to life imprisonment,who couldn’t tell if he is the next Xu Ting or Zhao Chunhua,the imbalance of punishment is not only the injustice to the parties,but also to the whole social injustice,the further realize of the principle in the judicial practice should be the top priority.This paper first points out the problems existing in the judicial realization of the principle of the adaptation of culpability to punishment through classic cases.The imbalance between punishment and crime and between punishment and responsibility is a typical manifestation of this principle,and points out the urgency and necessity of the judicial realization of this principle.On this basis,it points out that the reason why this principle can not be completely realized lies in the legislative and judicial levels.The lack of research on "responsibility" leads to the difficulty in determining the responsibility.The unreasonable penalty setting makes it difficult to adapt the punishment to the culpability.How to solve the problems in legislation needs to be studied.The insufficiency of legislation and judicature makes the form of judicatory realization of the principle of culpability and punishment becoming more severe.After analyzing the problems and causes,this paper proposes corresponding measures to solve the problems.No matter in legislation or in judicature,we must realize the adaptation of culpability and punishment to ensure the fairness and justice of individual cases and the credibility of the overall judicature.