Research On Discretionary Circumstances Of Sentencing

Justice is strengthened gradually in consciousness of people with the development of society and law. From the perspective of sentencing, achieving fair and reasonable sentencing as well as legal justice becomes the biggest anticipation for the judicial activities. As the basis of sentencing, discretionary circumstances of sentencing are playing an increasingly important and valued role in achieving fair and reasonable sentencing with the thorough study of the theory in recent years. As for discretionary circumstances of sentencing, there is inconsistency not only in defining the basic concept, but also producing a series of complex situations because it should greatly get help from discretion when it is applied. The research of these theories will regulated the judicial activities of judges, thus achieve the goal of fair and reasonable sentencing.This article consists of introduction, body and conclusion.The thesis is raised in purpose of achieving fair and reasonable sentencing in introduction. It presents the problem of larger capriciousness and uncertainty in application process of discretionary circumstances of sentencing, which is based on the brief introduce about present research situation of discretionary circumstances of sentencing. At the same time, it clarifies the theoretical and practical significance of the thorough study to the theoretical issues of discretionary circumstances of sentencing.The first chapter is divided into three parts. First, it defines, the concept of discretionary circumstances of sentencing by way of the collation and analysis of the present concepts of discretionary circumstances of sentencing in academic area and the clear analysis of four questions to define its conception. Second, it analyzes the basic characteristics of it in the context of the definition of discretionary circumstances of sentencing. Finally, it makes a comparison and analysis between discretionary circumstances of sentencing and the other concepts in criminal law in order to obtain accurate and thorough grasp of it.The second chapter is divided into two parts. First, it sorts out and analyzes the current situation of discretionary circumstances of sentencing through the provision of it in Civil Law and Common Law. Second, It interprets the reasonableness of discretionary circumstances of sentencing, including analysis its basis and legal value. It includes basis of law, theory, fact, policy and reason, as well as legislative and judicial value. The thesis demonstrates legal status of discretionary circumstances of sentencing from three areas including the legal treatment in sentencing, the scope of function of sentencing and the influence to legally-prescribed circumstances of sentencing.The third chapter is divided into two parts. First, it illustrates the specific application of discretionary circumstances of sentencing in judicial practice. First, it discusses the legalization of discretionary circumstances of sentencing those academic concerns. I advocate analyzing specific issues. Then it divides the manifestation of discretionary circumstances of sentencing that more common in judicial practice into four aspects, and analyzes its application.The fourth chapter has a rational look at the application of discretionary circumstances of sentencing and gives advice to its appropriate application.The conclusion makes the finally theoretical summary from the perspective of a just and reasonable sentencing, combined with the theoretical and practical significance of discretionary circumstances of sentencing.