Font Size: a A A

About The Strict Plot In Criminal Law

Posted on:2005-05-18Degree:MasterType:Thesis
Country:ChinaCandidate:Y N ZhengFull Text:PDF
GTID:2156360125458570Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Conviction and sentencing are two basic links in criminal judicial procedure. Conviction is the qualitative analysis and sentencing is the quantitative research. Measurement of penalty plot is the true situation of influencing the social harmfulness or the dangerous degree of everybody's body of behavior directly.The same with setting up the exception from punishment system that is tortured hi legislating for adapting to the regulations of punishment and guilty relation, it's necessary to set up special measurement of penalty system based on different gravity of crime in order to meet the relationship between crime and penalty in different degree. However, measurement of penalty plot is various because of showing embody social harmfulness and personal dangerousness at different aspects. Among them strict plots (including serious plot and aggravate plot) making disadvantageous and abominable influence to crime people, is paid close attention to at theoretical research and real affairs. It lies in not only the implementations of powers to criminal promptly, but also the protection to criminal's human rights in legislating and administration of justice too.This article focus on the strict plot, by announcing the concept and analyzing relevant or resemble notion of it. On the base of deeping meaning and clear intension, I enumerate the typical form of them, for example, the typical form of severe measurement-the recidivist; of aggravating measurement-criminal motive % criminal method, etc. Appraise the different view and query to those; Absorb the outstanding experience of the western countries for reference; Inherit our country's historical tradition in the field of strict plot. Finally the stopover is designing the suitable strict plots of our national conditions in theory promptly, especially how go on in legislation perfectly and in accordance with the law in order to serve the socialist country governed by laws better. However the criminal law aim is punishing the criminal and protecting its lawful right effectively.
Keywords/Search Tags:Measurement of penalty plot, Special measurement of penalty system, Aggravate plot, Serious plot, The recidivist, Criminal motive etc
PDF Full Text Request
Related items