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Photograph of the shallow punishment that discuss a blame gets used to a princip
From;    Author:Stand originally

Photograph of the shallow punishment that discuss a blame gets used to a principle

Chen Yongling of assistant dean of court of people of red bridge division

Abstract: Punishment photograph gets used to the blame is one of basic principles of our country criminal law, reflecting the soul of criminal law and core, it is its the concentration of immanent spirit is reflected. Look from whole world limits, modernization of criminal law development should reflect development trend of the society, trend namely. Basic content should set criminal law what kind of behavior belongs to crime, and use what kind of penal punishment to this, should not appear the circumstance that crime is light and legal punishment is weighed or punishment does not fit the blame with crime is serious and legal light punishment. From the circumstance analysis of our country, the principle that punishment photograph gets used to the blame from beginning to end can better carry out, there also are a few problems in the meantime, the article combines the author to be engaged in criminal trial work is experienced for years and be being experienced, be reflected with respect to legislation respectively and judicatory is applicable two respects try to analyse discuss.

One, legislation is reflected as applicable as judicatory

Our country " criminal law " the 5th regulation " penal weight, ought to make crime and assumed criminal responsibility posture suit with criminal place. " this one regulation defined criminal law one of 3 basic principles- - punishment photograph gets used to the blame principle. This one principle is reflecting the soul of criminal law and core, it is its immanent spirit is reflected centrally.

Punishment photograph gets used to the blame, or punishment weighing a blame is balanced the principle is basic the meaning is: Make how old blame be carried with respect to the agree how old criminal responsibility, the court also should sentence his the penalty of corresponding weight. Make felonious punish again, minor offence is punished gently, punish when its blame, blame punishment is proportional. Minor offence weighs the blame, the criminality itself that ought to consider behavior person and other all sorts of factors that affect criminal responsibility size, consequently punishment photograph gets used to the blame the principle can call a blame again punishment is balanced principle, blame punishment fits the principle. Look from whole world limits, modernization of criminal law development should reflect development trend of the society, trend namely. Basic content should set criminal law what kind of behavior belongs to crime, and use what kind of penal punishment to this, should not appear the circumstance that crime is light and legal punishment is weighed or punishment does not fit the blame with crime is serious and legal light punishment. From the circumstance analysis of our country, the principle that punishment photograph gets used to the blame is reflected on legislation and judicatory is applicable method from beginning to end can better carry out, there also are a few problems in the meantime. The article is reflected with respect to legislation respectively and judicatory is applicable two respects try to analyse discuss.
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