On the Principle of Compatibility of Crime, Responsibility and Punishment
Xiaojing Zhang
Abstract
Xiaojing Zhang
Abstract
Suiting punishment to crime as principle which embodies basic connotation of criminal law has long been adopted.The just punishment is based on the combination of retribution punishment and purposive punishment,the mainstream in current criminal law theoretical field,which can not be fully displayed by the traditional principle which should be evolved into the principle of compatibility of crime,responsibility and punishment.By analyzing the concept of criminal responsibility,this paper expounds that this principle means that crime is not equal to punishment,but responsibility.
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Suiting punishment to crime as principle which embodies basic connotation of criminal law has long been adopted.The just punishment is based on the combination of retribution punishment and purposive punishment,the mainstream in current criminal law theoretical field,which can not be fully displayed by the traditional principle which should be evolved into the principle of compatibility of crime,responsibility and punishment.By analyzing the concept of criminal responsibility,this paper expounds that this principle means that crime is not equal to punishment,but responsibility.
Key concepts: Retributive justice, Punishment (psychology), Criminology, Sociology of punishment, Criminal law, Connotation, Criminal responsibility, Law