Proof Object Of Sentencing

With the development of independent sentence reform, research of sentencing program and object proof of sentencing looked especially important and urgent. Because object proof of sentencing is very important content of independent sentence reform, so, to study object proof of sentencing has a double meaning in theory and practice. This paper want to solve the two questions: What content is object proof of sentencing? And why these contents could become the object of proof sentencing?Firstly, from clear sentencing object of proof of sentencing activities that play the important significance of object of proof, this paper introduces the concepts and sentencing characteristic of sentencing play an important role in sentencing the object of proof and do not belong to several controversial sentencing factors are positioning, summarized the sentencing of object of proof for the classification, discussed below laid a foundation. According to the crimes to adapt and penal individualized principle, the object proof including reflect sentencing crimes harmful to the society and the main factors and offenders personal risk elements. Secondly, through tracing social harmfulness theory of historical origin and comments theory, analyze social harmfulness dispute theory in legislation and judicial guiding function from sin and explain function, this paper focuses on reflect social harmfulness of the elements of the contents, that is why target crime, criminal means, crime, criminal space-time environment results and the victim forgiveness is sentencing of object of proof. Finally, presents personal risk the source and development, clear personal risk refers to the possibility of criminal offenders again personal risk factors, this paper analyzes the reasons for introducing sentencing object of proof of personal risk factors, the paper expounds the characteristics, the personal conditions and points criminal crime in the two kinds of introduction to personal risk factors for characterizing the object of proof content.Social harmfulness elements and personal risk elements of content and status is different, in sentencing of social harmfulness sentencing element is the basis and premise personal risk factors are useful and necessary supplement, so in sentencing process, must fully realize both neither mutual connection, again complementary relationship, according to the specific circumstances distinguish to treat, accomplish truly sentencing justice.