Study On Some Questions Of Measurement Of Penalty According To Related Scenarios

This thesis treats of the concept, classification,application and improvement of the measurement of penalty according to related scenarios (MPS). The author holds that although the MPS occupies an important place in the Criminal Law, there are some problems regarding the understanding and application of this subject both theoretically and practically. It is thus necessary to explore this subject thoroughly in order to put it into better practice and improve it legislatively.This thesis consists of four parts: Introduction of MPS, Outline of MPS, Application of MPS, and Legislative Improvement of MPS.Introduction of MPS presents the place of MPS in the Criminal Law, as well as the necessity of conducting a research into this subject. It holds that MPS plays an important part in the theor and practice of the measurement of penalty, and it is more vital for the realization of the ideal state of a balanced measurement of penalty. In this regard, MPS is an important content in the research field of the measurement of penalty.Outline of MPS focuses on the concept and classification of MPS. It holds that MPS refers to all kinds of circumstances and factors that need to be considered when law enforcers make decision about the class of penalty that a certain criminal should be inflicted upon. These circumstances and factors are crime act or criminal related, but don' t belong to the facts which enable law enforcers to convict the criminal of a certain crime. Since these circumstances and factors reflect the social influence of the crime act and the degree of danger that the criminal faced when committing a crime, law enforcers should take them into consideration when make the final decision of the class of penalty, that is whether the criminal should be treated leniently or strictly, or whether he can be waived from conviction. MPS has the function of deciding the sentence of penalty, changing the degree of penalty required by law, as well as ensuring that the measurement of penalty is reasonable. MPS can be classified into different categories under differentstandards, among which legalized MPS and discretional MPS are generally acknowledged and accepted.Application of MPS analyzes and discusses respectively the application principle of MPS. According to the Author, when single MPS is considered, both the extent of penalty alleviation and the application of waiver of penalty should be within required limitations and qualifications. If there are various MPS that need consideration, law enforcers should use the following principles: alleviate the penalty properly in case of combined MPS that should be treated leniently; decide the sentence of penalty properly after mixing good factors and bad ones together and permitting them offset among themselves.Legislative Improvement of MPS elaborates on the problems of current guideline about MPS, and on the legislative improvement needed in the future. The author holds that the Criminal Law of China presents the concept of MPS too vaguely, as well as the application principles and methodologies. It is necessary to improve the details of extenuatory MPS, to be more explicit about the connotation and extension of MPS, to be more specific about the principle of treatment when there are various MPS that need consideration, to set up the standard point of penalty, and to classify different penalties according to the seriousness of crime.