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Judicial and Legislative Perfection on the Principle of the Balance between Crime and Punishment

Author: HuangHuiZhen
Tutor: ChenXiaoMing
School: Xiamen University
Course: Legal
Keywords: The principle of balance of crime Legislative and judicial The realization of the balance of crime
CLC: D914
Type: Master's thesis
Year: 2009
Downloads: 140
Quote: 1
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Abstract


The principle of balance of crime is a fundamental principle of the criminal law . The pursuit of balance from the humanity is rooted in the spiritual instinct of the eternal desire for justice , but how to regulate the sentencing in order to reduce the imbalance of sentencing is a worldwide problem in the field of criminal law . Both simplicity concept , or theory scholars to explore until the legislative and judicial practice , it can be said , on the relationship between sin and punishment , the balance of crime always is a the penalty problem on timeless topic . As the Law on the Protection of the law , criminal law established the principle of balance of crime is an important way to achieve this goal . Different Punishment of the phenomenon of the same sin but judicial practice , often lead to public confusion of judgment . Our judicial practice , there are sentencing trends re- sentencing deviation larger issues such as restricting the full realization of the principle of balance of crime . I combined with China's actual situation , the use of jurisprudence and the theory of the Criminal Law , were determined by the concept of re- sentencing balanced , pointed out the inherent essential characteristic . Proposed to determine the magnitude of the punishment to determine sentencing benchmark , a detailed exposition of the theoretical basis for sentencing balanced and legislative , judicial perfect method . Understand the principle of balance of crime origins , development , and explore the true meaning of , no doubt we analyze the problem of the balance of crime in the theories, concepts , legislative and judicial perfect of great help and guiding significance . We can see that the achieve Balanced Sentencing is a complex system engineering , only through institutional innovation , advance with the times , constantly improved and perfected to provide a more favorable environment for sentencing balanced realization , in order to better promote the criminal trial the realization of justice and efficiency .

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CLC: > Political, legal > Legal > UNIVERSITY > Criminal law
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