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The Research On Discretionary Circumstances Of Sentencing

Posted on:2005-08-14Degree:MasterType:Thesis
Country:ChinaCandidate:H X ZhuangFull Text:PDF
GTID:2156360125958565Subject:Criminal Law
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The discretionary circumstances of sentencing is some kinds of facts broadly by ?the criminal law, which embodying the social harm of activity and the personal fatalness of the actor and being applied in the course of sentencing. On the basis of analysis of the concepts in the criminal law fields nowadays, this thesis considers that, at the starting of logical method of definition and legality of the discretionary circumstances of sentencing, we should beak the mistake of traditional concepts and disclose the essential attribution. The legal circumstances of sentencing should be replaced by the determinative circumstances of sentencing, which is correlative to the discretionary circumstances of sentencing.With a definite concept as a precondition, this thesis deals with some basic predicaments of the discretionary circumstances and view that its status should not be "the supplement of the legal circumstances of sentencing", but should be raised. Legality determined that the discretionary circumstances should be considered and affirmed by judgers when sentencing and produces some detached effects generalization of content determined that their function is not constant, but exhibiting in the specific casesę¢ighter, heavier or neutral, which need judgers to exert the power of mobile sentencing rigidly for the suiting punishment to crime.The thesis doesn't briefly enumerate to definite the range of the discretionary circumstances of sentencing in the traditional means, but district the styles in different standards in the general view, refer to the legal systems of many countries in the world, argue and research some major modes and compare the discretionary circumstances of sentencing with some concerned concepts. About the rule about the discretionary circumstances of sentencing in our old and new criminal codes, these articles analyzes the conversion, argues the defects of actual legislation and introduces some suggestion about legislation and judicatory. At last, this article treats of some discretionary circumstances of sentencing such as criminal motive, criminal approach and pattern, criminal space time and criminal consequent. In additional, the thesis distinct and comport some factors such as social situation, criminal policy and social consensus, which are argued violently. About judicial application, the thesis explicates the discretionary reducing, remission, heavier and lighter circumstances of sentencing to divert the judicial practicing...
Keywords/Search Tags:The Measurement of Punishment, Legality, The Discretionary Circumstances of Sentencing, The Determinative Circumstances of Sentencing
PDF Full Text Request
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