Reasons for Heavy Penalty——The Specific Provision of Criminal Law of 263

The Specific provision of Criminal Law of 1997 adopts more enhancing penalty evidences,which offers more flexible prerequisites for Penalty system.On the other hand,great existence of enhancing evidences,i.e.the increase of enhancing penalty punishment will doom to threat the balance of punishment system.Whether it is keeping with the penalty purpose or not,whether the structure established is reasonable or not,whether it accords with the criminal theory or not,whether the penalty for the offender with old records has gone beyond the bound of heavy penalty to the enhancing penalty——all the questions mentioned above need to be paid more attention in terms of criminal law theory.Besides,though Criminal Law has only eight items for crime of pillage,it represents the typical features of enhancing penalty,which provides the basic conditions for analyzing and studying enhancing penalty evidence in the perspective of the criminal law theory and naturally becomes the study focus.