As the final reason accelerating the formation of the system of the crime-constitution which is a kind of model and grade of conviction of crime, the principle of a legally prescribed punishment for a specified crime becomes the median of criminal quality written in criminal law art ides and the median of standard for judging the criminal quality of law-maker.
The striking feature of present penal code is there basic principles, namely criminals should be judged by law, everyone is equal in law and criminals are equal to each other.
The thesis argues that it is the principle of suiting punishment to crime, the principle of effective application of punishment, and TRIPS that require our nation to put intellectual property crime in the category of serious crime, and to give the more aggravated penalty.
It is also pointed out that notwithstanding its deficiencies, imprisonment is still of great value, it is the basic punishment method of the principle of adaptation of crime and punishment of the retribution concept owing to the diversity of its execution forms and separability of execution length.