Theory of Equivalence between Crime and Punishment

Author: Liu Shoufen
Publisher:
Publish Date: 2004-03-01
Features: The principle of proportionality between crime and punishment is a significant research topic in the field of criminal law. This book, based on a broad range of criminal law theories, clarifies the evolution and development of the principle of proportionality between crime and punishment: it flourished under retributive theory with a unified balance between crime and punishment—under instrumental theory, its position declined significantly and eventually disappeared—finally, with the rise of utilitarianism, a dual balance between crime and punishment emerged. The book also employs multidisciplinary knowledge to explore the implications of proportionality between crime and punishment from three perspectives—functional, systemic, and economic—and ultimately grounds the theoretical research of proportionality between crime and punishment in its legislative and judicial implementation.