| This dissertation makes a systematic research on the balance of measuring punishments. In order to find out the causations that makes the deviation during measuring punishments, the author gives a research on the elements which influence the measuring punishments and submits his own views on setting the deviation during measuring punishments according to Chinese legislation and jurisdiction.There are four chapters in the dissertation. It firstly gives a brief introduction of the concept and characters of measuring punishments, the meaning of measuring punishments and its theoretical basis. Then by synthesizing the use of measuring punishments circumstances, the relations between measuring punishment circumstances and condemnatory circumstances, classifications and applications of measuring punishment circumstances, etc., the author makes a full expositions of the circumstances in measuring punishments that influences the balance during measuring punishments. And then, by mainly synthesizing the economic, cultural and political causes which influence measuring punishments, and by synthesizing how public opinions, state governments, courts inside and defendant influence measuring punishments, the author expounds the concrete details of the deviations during measuring punishments in chapter Three. In the last chapter the author submits his proposal to avoid the deviation during the measuring punishments in the eyes of legislation and jurisdiction and also points out the way to fulfillment the balance during measuring punishments. |
