A Simple Study On The Circumstances Of Sentencing

The history of the development of criminal law is a history of the change of the relation between crime and punishment, and the core of the realization of the relation depends on criminal justice, therein the problem of sentencing is the miniature of criminal theory, and the degree of fair sentencing lies on the cognizance and application to the circumstances of sentencing. The paper does a simple study on the basic theory of circumstances of sentencing, and it can be divided into three parts besides the introduction.Introduction, brings forward the problem of the study on circumstances of sentencing on the basis of promoting fair sentencing, and basing on a brief analysis of the current application and research about circumstances of sentencing, theoretic significance and practice value of study on circumstances of sentencing are revealed.The chapter I of the definition of circumstances of sentencing, starting from the general definition of circumstances, defines the circumstances of sentencing from the angles of meanings, range and characteristic. The chapter brings forwards, the circumstances of sentencing is the concrete conditions that reflect the degree of harm done to society of the action or the situations of the dangerousness of the defendant and therefore decide the way and degree of criminal responsibility which the defendant bears, and have four characteristics of the universality of range, the comprehensiveness of function, the non-fundamentality of content and the independence of effect. Moreover, the chapter analyzes the relation of circumstances of sentencing between circumstances of the crime, circumstances of the non-crime, circumstances for adjudgment, circumstances in the execution of punishment, and divides circumstances of sentencing into basic classification and affiliated classification from the angle of definition of range.The chapter II of the application of the circumstances of sentencing, discuss theprinciples of the application of circumstances of sentencing firstly from three angles of prohibition of double evaluation, concrete evaluation and overall evaluation. Then, it discusses the concrete application of circumstances of sentencing from two angles of single circumstances of sentencing and couple circumstances of sentencing, and thinks that the method of setoff should be applied to resolve the conflict of circumstances of sentencing when there are couple converse circumstances of sentencing at the same time.The chapter III of the perfection of the circumstances of sentencing, brings forward the suggestion of legislative perfection from two angles of clarifying the identity of circumstances of sentencing and enriching the content of circumstances of sentencing at first, and advocates judicial perfection very much. Then it illustrates the project of judicial perfection from four aspects: announce normative judicial interpretation, establish effective system of sentencing guidance, illustrate the reason of the application of circumstances of sentencing in judgment, and strengthen trial supervision in second instance.