Analysing The Discretionary Circumstances Of Sentencing

Sentencing issue has always been the difficult problem in theoretical and practical. The days that author practiced in Intermediate People's Court of Shao Xing, the judge talked with me some problems that he met in sentencing, particularly referencing the difficult problem about application for the discretionary circumstances of sentencing, so I think about this issue a long time, this is the reason I wrote this topic. I have found more than 10 master's or doctor's excellent articles about the circumstances of sentencing or the discretionary circumstances of sentencing, and I also found more than 20 books for theoretical supporting.The discretionary circumstances of sentencing reflect the social harm of activity and the personal fatalness of the actor, it is the some kinds of facts broadly by the criminal law and being applied in the course of sentencing. The discretionary circumstances of sentencing can help judge made specific adjudicate in specific cases. But it has some defect, so I want to in-depth analysis its controversial issues. Besides the introduction and conclusion, the paper is divided into three chapters.The first chapter, mainly to define the basic areas about the discretionary circumstances of sentencing, divided into three sections. First is about the concept and characteristics of the discretionary circumstances of sentencing. Second, the article analyses the specific scope and the key circumstances in this scope. Third, I talk about the reason that we should prudential apply the discretionary aggravating circumstances of sentencing.In the second chapter, the article analyses theoretical supporting about the discretionary circumstances of sentencing, divided into two sections. Free discretion and Punishment fits the crime are the basis that the discretionary circumstances of sentencing is legitimate and reasonable. It not go against with the principle of a prescribed punishment for a specified crime.The third chapter divides into two sections. The first section analyses several important issues about the discretionary circumstances of sentencing. Contains: Criminal law does not expressly require the discretionary circumstances of sentencing; Leading to imbalance penalty; Do not attach importance to the use of it and so on. The second section analyses the recommendations for those issues.Because the author lack of the rich theoretical knowledge, the paper has some deficiency which the author hopes to be pointed out by teachers.