Abstract: Prohibiting crime through penalty that derived from the judicial sentencing imbalance
has been generally accepted in practical knowledge, and currently turns to concentrate on the
relationship between crime and penalty, criminal policy and criminal interpretation. Prohibiting
crime through penalty which focuses on correcting the imbalance status between crime and penalty
started from a deep overall reflection on the relationship between crime and penalty with
consideration of criminal policy, while also facing several challenges such as limited application
scope, the confrontation with the legal doctrine of legality, fuzzy application object, intensive
dependence on criminal policy and criminal interpretation, unknown relationship between criminal
responsibility and “Crime Restricts Penalty”. Prohibiting crime through penalty should be a normal
application mode with reasonable boundary from criminal policy and criminal interpretation.
The validity of penalty as a positive and dialectical factor would carefully examine and hugely
promote the dynamic operation mechanism of mutual restraints between the categories of
criminal responsibility and penalty. It is reasonable to keep effective interaction with legislation
improvements so as to maintain close connection with the principle of legality.