Research On Discretionary Circumstances Of Sentencing

Discretionary circumstances of sentencing are various subjective and objective facts which are used as the basis of concrete penalty measurement, which the criminal law does not stipulate definitely, but acknowledges, which can reflect the danger of actions and actors. Discretionary circumstances of sentencing is a tool that laws grant judges and can make them play a balance role in criminal sanction in the light of specific conditions of concrete cases. The application of discretionary circumstances of sentencing in nature is the application of judges' free rulings. All discussion about discretionary circumstances of sentencing is for the sake of showing judges to administer judicial discretion reasonably in the course of applying consideration circumstances of sentencing. Besides introduction, this dissertation is composed of four chapters.The introduction brings forward this topic in a view of boosting justice. On the base of analyzing academic actuality and function of discretionary circumstances of sentencing, the writer points out that this research has important theoretic and practical significance.In chapter one, the primary signification of discretionary circumstances of sentencing is defined. Through comparing and clearing, the writer finds there are three questions must be answered when defined the signification of discretionary. The discretionary circumstances of sentencing's characteristics and its relation with the principle of a legally prescribed punishment for a specified crime are presented...