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Individualization of Penalty

Author: XuShu
Tutor: ZuoMingAn
School: China University of Political Science
Course: Legal
Keywords: Individualization of Penalty Unity of justice and prevention The basic principle of the criminal law
CLC: D914
Type: Master's thesis
Year: 2005
Downloads: 194
Quote: 0
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Abstract


Penalties individualized , according to the personal circumstances of the offender , targeted provisions and apply the appropriate penalty to effective education reform criminals and to prevent crime from happening again . This paper tries to explore the issue from the penalty of the individual aspects of the origin , development , based on functional positioning . The first portion , including the contents of the five aspects . Are : Ancient penalty individualized ideas sprout ; penalty ideology of the classical school for the penalty laid the foundation and prerequisite for individualized ; criminal empirical school period penalty individualized been formally established , but also exposed the defects ; modern penal penalty be given individualized new content , and began to reflect the reasonableness ; Finally, on the basis of summing up of several stages , draw little Conclusion : penalty individualized after the evolution of history , its vitality with the practice needs continue to emerge . The second part , the penalty individualized basis . Penalty individual basis in the criminal empirical point of view of the school is located in the individual prevention , but along with the the penalty concept of innovation is becoming increasingly fierce , refuted this view . Today we talked about the penalty individualized , more individual justice as the primary basis . At the same time , we should also take into account the general prevention and retribution to its limit . The third part , the penalty individualized functional orientation . I believe that the penalty individualization is a fundamental principle of criminal law , it is about the relationship between the penalty perpetrators of the two basic categories of criminal law areas . Penalty individualized relationship with the principle of balance of crime , I believe that the basic principles : the principle of balance of crime , the principle of individual penalties for correction principle is a more feasible way .

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