Study On Penalty Measurement Of Multiple Circumstances

This paper first defines the basic meaning of coexistence of multiple circumstances, which refers to the condition under which one case has several lenient or severe circumstances of punishment that independently affect penalty measurement and thus influence sentencing of the accused. Coexistence of multiple circumstances mainly includes two kinds, that is one case containing multiple circumstances and multiple cases with multiple circumstances. The nature of coexistence of multiple circumstances is to know what influence the multiple circumstances have upon sentencing of the accused and how those circumstances affect sentencing of the defendant. According to functions of multiple circumstances in penalty measurement, it can be classified into two types, coexistence of multiple circumstances of the same directions and coexistence of multiple circumstances of the contrary directions.Combining a comparative study on coexistence of multiple circumstances in related stipulations of foreign laws with discussions of Chinese scholars, the author holds there are principles on there levels and three specific rules in dealing with problem of penalty measurement of coexistence of multiple circumstances.After commenting on the methods of selecting, adding and upgrading suggested by scholars, the author puts forward the steps of lenient or heavier punishment in cases which have multiple circumstances of the same directions. This paper also discusses penalty measurement of those cases in which multiple circumstances of lenient treatment or of heavier punishment coexist.In order to handle issues concerning penalty measurement of the cases with multiple circumstances of the contrary directions, the authorholds first of all the guiding ideology must be made clear and correct rules of sentencing should be established. Then the author evaluates the offsetting method and the practice of integrating force of attack with social effect, and also discusses the practice of sentencing in such kind of case that involves several crimes and contains multiple circumstances of the contrary directions.This paper also puts forward some advice on handing issues concerning penalty measurement of cases with multiple circumstances from the aspects of criminal law conception and legal stipulations related to installation of punishment and discretion.