The Critical Theory of the Principle of Suiting Punishment to Crime and Responsibility

The mainstream opinion regards the Article 5 of Criminal Law as principle of suiting punishment to crime and responsibility,but it has great theoretical defects and errors.First,in the background,it distorted the internal relationship between punishment of the crimes and balanced e-portfolio,second,the structure of crime-responsibility-punishment has serious logical flaws.Again,it has contradictions to define relevant factors.Finally,it increased the conflict of law and the function,eventually dismember it function.From the maintenance of coordination,suiting punishment to crime and responsibility shall be prescribed equilibrium theory,back to the era of the balance between crime and punishment.