Author(s)

Cuifeng Liu

Corresponding Author

Cuifeng Liu

Abstract

Regarding the interrelationship between the severity of penalty and the deterministic of penalty, the current academic circles generally believe that both of them have the utility to deterring crimes. Compared with the severity of penalty, the deterministic of penalty is more deterrent to potential crimes. There are two logical defects in this viewpoint: first, although the severity of penalty and the deterministic of penalty both have the utility to deterring crimes, but there is no discussion on whether there is a substitute relationship between them? And if there is a substitution relationship, what the substitution rule is? Second, it is believed that the deterministic of penalty has more utility to deter potential crimes. It is compared with the deterrent utility of the same amount of them on potential crimes, ignoring the huge difference cost of obtaining the same amount of them. This article uses the method of law and economics analysis to analyze and supplement these two logical defects.

Keywords

Severity of penalties; Deterministic of penalty; Interrelationship