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The Research About The Theoretical Question Of Circumstances Of Sentencing

Posted on:2007-02-08Degree:MasterType:Thesis
Country:ChinaCandidate:Y N LiFull Text:PDF
GTID:2166360185953867Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The criminal law, which is law about the relation between crime and punishment, begin with the regulation of crime, but the final purpose is punishment. The core to realize the relation between crime and punishment depends on criminal justice, of which the problem of sentencing is the miniature of criminal theory, and the degree of fair sentencing lies in the recognition and application in regard to the circumstances of sentencing. The paper attempts to discuss the basic theory of circumstances of sentencing, which consists of three parts: introduction, body and conclusion and is about 50000 in words.In introduction, the author of the paper brings forward the problem of the research about circumstances of sentencing on the basis of promoting fair sentencing and points out that circumstances of sentencing play an important role in realizing the ideal state of balance between crime and punishment regarding criminal law legality. The introduction, based on a brief analysis of the current application and study on circumstances of sentencing, reveals the theoretic significance and practice value of research about circumstances of sentencing.The body is composed of three chapters:The first chapter is the basic category of circumstances of sentencing. This part starts with the concept of circumstances, defines the concept of circumstances of sentencing, and compares circumstances of sentencing with other relevant concepts. This part also analyzes the character and function of circumstances of sentencing, and classifies circumstances of sentencing into basic categories and affiliated category. It is assumed that legalized circumstances of sentencing and discretional circumstances of sentencing belong to basic category, and the other classifications according to other criterion belong to affiliated category.
Keywords/Search Tags:circumstances of sentencing, basic category, concrete application, development and perfection
PDF Full Text Request
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