Study On Punishment Of Alleviation

Content in this paper,Impressed by Chinese criminal law from the punishment of the layer order and construction of major defects, in the context of this article, a mitigated punishment is refers to the norms in the sense of a mitigated punishment in our cirminal law, and including a light punishment.The author mainly from the dual Angle of realism and constructivism discuss problems andby realism, entered a mitigated punishment of property, the elements and performance; By constructivism, mitigated punishment, from the Angle of relationship and structure, and detailedOutlines a mitigated punishment ought to architecture and the category.The tfill text is divided into ifve parts, about200000words:The first part, search history and according to the direction of a mitigated punishment, refine the meaning of target feature and target of a mitigated punishment, to highlight a mitigated punishment guidance. From the Angle of So-called dimensions, namely the quality keep things themselves, adjustment direction of the specifications of the specific things. Mitigated punishment should balance the values of justice as the core dimensions. Mitigated punishment inthe modern sense, it is continues to reveal this target is in the process of the kernel, graduallytend to be rational, temperance, and tend to be more technical.The second part, by combing a mitigated punishment, the concept of nature, to reveal theontological reality of mitigated punishment presents a mitigated punishment based on dual attirbute of the facts and norms. Based on facts, and through the quality and quantity of the factor analysis, objective cognition and grasp the mitigated punishment circumstances reason，to strive to avoid arbitrary choices; Based on the speciifcation, and to the purposes and performance of factor analysis, quantitative and accurate for a mitigated punishment circumstances for push to avoid appraise discretion; Based on facts and regulating the organic unity, encourage criminal self-salvation, give full play to be given a mitigated punishment.The third part, through analyze the mitigated punishment of internal and external relations, link relationships category of a mitigated punishment，to emphasize and establish the mitigated punishment ought to be applicable benchmark is criminal punishment for an object, with its behavior or personality responsibility has decreased to reason, that doubles as a sentencing patterns, discretion mechanism, the criminal policy for the integration of dynamic operation sys tem. Base will be given a mitigated punishment circumstances reason applies on the baselinepunishment and starting point of the illegal cases, can avoid to prescribed mechanical dogmatic understanding of the space, but also on the basis of advance judge’s reason, the referee, transparent sentences results generation process.The fourth part, by compairng Chinese and foreign cirminal law about the mitigated punishment style，profound reflection take paradigm has limitations of China’s criminal law, and tries to introduce the responsibility mechanism of sentencing, clear retirbution and prevention of master-slave relationship between position and contirbute to our country cirminal law aboutthe mitigated punishment style transformation and reconstruction, thus resolving spans between the lighter and the mitigated punishment is purely for the proposed legal sentence boundaires limit, restore a mitigated punishment in true colors, and then realize the mitigated punishment of simpliyfing assumptions and simplified operation.The fifth part, from the familiar mitigated punishment in our cirminal justice situation reason, and concept through one by one, analyzes the disputes and apply the status quo, set different mitigated punishment circumstances for the layer order and typed, thus really promote amitigated punishment and its situation for the scientific, standardization, rationalization.