Theoretical Construction of the Principle of Matching Punishment with Crime and Responsibility by the New Criminal Law

This article argues that what is stipulated in clause 5 of the new Criminal Law is not simply the principle of punishment matching with crime, but unifies the principle of punishment matching with crime and the principle of punishment for individual cases with the criminal responsibility as links. To set the punishment, it takes both the criminal acts and the offenders into consideration. Thus, the Criminal Law integrates justice with utility, general precautions with special precautions, cracking down on crimes with safeguarding human rights.