The theory of"crime by punishment"argues that the charges can be arbitrarily changed for the sake of the so-called justice of sentencing,ignoring the principle of the constitution of crime and the principle of legality of crime,so it is not advisable.The iron rule that crime and punishment fit into the interpretation of the specific provisions of criminal law should be carried out in every concrete interpretation conclusion and processing result.In order to realize the compatibility of crime and punishment,there is no need to strictly distinguish between the concurrence of law articles and the concurrence of imagination.Optional charges and general charges can also be punished.Transporting or storing explosives in a safe manner for the purpose of excavating mountains and quarrying stones shall not be treated as a crime.Dangerous driving,impairing safe driving,dangerous operation resulting in casualties,can only be established traffic crime,dangerous goods crime,responsibility accident crime,but can not be established by dangerous methods of endangering public security.The acts stipulated in the specific provisions of the criminal law of our country are not all acts of execution,we should accurately distinguish between preparatory acts and execution acts.
compatibility of crime and punishmentcriminalization by punishmentcompetition and cooperationaggravated offenseperforming act
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