The principle of proportionality of punishment and crime

The principle of proportionality of crime and punishment, also known as the principle of proportionality of crime and punishment, refers to the principle of proportionality of crime and punishment or crime, which refers to "the severity of the punishment shall be related to the crime committed and the criminal responsibility borne by the criminal."

Adapt. That is, according to the magnitude of the crime, the severity of the punishment is determined. The sentence for a serious crime is severe, and the sentence for a minor crime is light.

First, the nature and intensity of the punishment should be commensurate with the nature and severity of the crime. This spirit is reflected in the legislation, the sub-provisions of the Criminal Code.

When determining the statutory penalty for a specific crime, the statutory penalty is determined according to the severity of the crime and criminal responsibility. There are various forms of crime, and the harm can be both light and severe, so when legislating, all legal provisions should be uniform and balanced, and the sentence for a serious crime cannot be lighter than that for a lighter crime, nor can the sentence for a minor crime be heavier than the serious; Second, when determining the principle of handling certain situations in the General Provisions of the Criminal Law, the principle of proportionality of crime and punishment must also be implemented. For example, the principle of dealing with preparatory offenders, attempted offenders, and suspended offenders, the principle of handling voluntary surrender, meritorious service, and recidivism, and the principle of combining punishment for several crimes are all manifestations of the principle of proportionality of crime and punishment.

Secondly, the nature and intensity of the punishment should be commensurate with the severity of the criminal responsibility. In determining the penalty for a specific crime, consideration should be given not only to the seriousness of the offence itself, but also to the severity of the criminal responsibility of the offender. The severity of criminal responsibility is actually a comprehensive evaluation index, which does not simply refer to a certain harmful result that can be measured and determined by the criminal act, but is a combination of objective, subjective and subjective factors of the crime.

In criminal legislation, a certain range of statutory penalties is provided for for various specific offences, so that the judiciary can make choices according to the severity of the crime when applying them. The main factors affecting the severity of criminal responsibility are: the nature of the act, the manner of the act, the consequences of the act, the cause of the act, the form, motive, and purpose of the crime.

When a person who is criminally responsible is sentenced, the severity of the punishment may not exceed the degree of criminal responsibility for which he or she should be responsible.

Significance. Implementing the principle of proportionality of crime and punishment is of great significance to both criminal legislation and criminal justice. First of all, criminal legislation implements the principle of proportionality of crime and punishment, can coordinate the relationship between various crimes and punishments, determine the sharp edge and focus of criminal law crackdowns, and play a role in deterring criminals and preventing crimes. Second, implementing the principle of proportionality of crime and punishment in criminal justice work can prevent the imbalance of punishment in criminal trials, which can not only effectively punish crimes, but also prevent unstable elements in society from defying the law, so as to achieve the goal of special prevention and general prevention of criminal punishment.

The principle of proportionality of crime and punishment refers to the fact that the sentencing of serious crimes should be heavier, and the sentencing principles of light crimes should be lighter, and the sentencing principle between various legal provisions should be balanced.

The principle of proportionality of crime and punishment, also known as the principle of proportionality of crime and punishment, and the principle of proportionality of crime and punishment or the principle of proportionality of crime. This principle refers to the severity of the punishment, which should be commensurate with the crime committed and the criminal responsibility borne by the offender. That is, the severity of the punishment is determined according to the size of the mu of the crime.

The sentence for the heavier offense is heavier, and the sentence for the lesser offense is lighter.

The principle of proportionality of crime and punishment, and the principle of proportionality of crime and punishment, is the most basic principle that the criminal law follows when convicting and sentencing. It is also known as the principle of balance between crime and punishment and the principle of proportionality of crime and punishment, and its basic meaning refers to the severity of the punishment should refer to the fact that the imitation rule is commensurate with the severity of the crime.

Legal analysisThe meaning of the principle of proportionality of criminal responsibility and punishment is: the court should also sentence the person to a punishment of proportionate severity, so that the punishment for the serious crime is heavy, the punishment for the minor crime is light, the punishment is proportionate to the crime, and the punishment is proportionate to the crime; When analyzing the seriousness of the crime and the severity of the criminal responsibility, it is necessary not only to look at the objective harmfulness of the crime, but also to consider the subjective malice and personal dangerousness of the perpetrator, and grasp the degree of social harmfulness comprehensively reflected in the crime and the criminal's various factors, so as to determine the degree of criminal responsibility and apply the punishment of the corresponding severity. It can be seen from this that the severity of the punishment is not simply commensurate with the crime committed by the criminal, but also with the criminal responsibility borne by the criminal, that is, the adjustment between the crime and the punishment is carried out through the intermediary of criminal responsibility.

The commensurate punishment of crime is a kind of legal thinking that adapts to people's simple sense of fairness, is determined by the basic relationship between crime and punishment, and is the need for crime prevention. According to this principle, when applying the criminal law, the severity of the punishment should be organically integrated with the nature of the perpetrator's crime, the circumstances of the crime, and the danger to the person. The principle of proportionality of crime and punishment should be implemented in all aspects of the preparation, sentencing, and execution of sentences.

In fact, the principle of proportionality of punishment means that the punishment should not be a serious crime, but a light sentence. However, for those crimes where the circumstances of the crime are minor or even the cause of the crime is excusable, the sentence is somewhat on the heavy side when sentencing. For example, in the case of mother-humiliation and homicide that aroused heated discussion in social life, the first-instance sentencing clearly violated the principle of proportionality of criminal responsibility and punishment, and the second-instance verdict was much corrected compared with the first-instance trial.

Legal basisCriminal Law of the People's Republic of China Article 5: The severity of the punishment shall be commensurate with the crime committed by the criminal and the criminal responsibility borne by the criminal.