The Distinction And Practical Reflection On The Circumstances Of Responsible Punishment And Preventive Punishment

The criminal law theory divides the sentencing circumstances from different angles.From the perspective of the integrative penalty perspective,the sentencing circumstances can be divided into the circumstances that affect the liability penalty and the circumstances that affect the preventive penalty.However,there is an incoherence between theoretical research and practical application.This leads to the confusion of liability and preventive circumstances in the judicial practice of sentencing,and the integrated application of sentencing circumstances.This has led to unreasonable and unfair sentencing.There are two reasons for the mixed application of liability and preventive circumstances in the sentencing of intentional homicide.On the one hand,it is because the relevant provisions of the sentencing norms represented by the Supreme People’s Court "Guiding Opinions on Sentencing of Common Crimes"(2017)have a certain lag.It simply applies the leniency plot and the strict plot,and lacks the concept of distinguishing responsibility and prevention.On the other hand,it is because the long-term trial experience of the crime of intentional homicide has misunderstandings in the application of bad social influence and other circumstances.The connotation of some comprehensive evaluation plots in the criminal law is unclear and the application is arbitrary.Reasonable and fair sentencing is an important link in the realization of justice in criminal law.The prerequisite for the standardization of sentencing is to consolidate the theoretical foundation and clarify the justification of sentencing,that is,the justification of punishment.Mergerism combines the responsibility of retribution with the purpose of prevention.Mergerism can accurately clarify the justification of punishment.It can also effectively solve the problem of antinomy in penalty discretion.Based on the integrative penalty concept,implement the concept of responsibility,and through the research on theories and case judgments related to the crime of intentional homicide,it sorts out the plots of responsible punishment that reflect the illegal and responsible facts and the plots of preventive punishment that reflect the necessity of prevention.Apply the rules of responsible criminal circumstances and preventive criminal circumstances in judicial practice.Establish a scientific sentencing concept.Establish the order of application of sentencing circumstances in which responsibility is first and then prevention is to be established.Penalties are determined in accordance with the sentencing steps of "starting point of sentencing-liability penalty-preventive penalty-pronounced penalty".