The Application Of Legal Circumstance Of The Measurement Of Penalty

Legal Circumstance of the Measurement of Penalty is very important question. The deep study of these questions is the inevitable requirement of the criminal legislation and the consummation of judicature. Although much attention has been paid to it and exploratory studies have been made in the criminal jurisprudence circle, in our country, the studies on the legal circumstances of measurement of penalty in the criminal jurisprudence circle in our country are far from sufficient.There are three parts in this treatise.The first part of this treatise mainly illuminates Summary of the Legal Circumstances of the Measurement of Penalty. The definition, the character and the classification of the Legal circumstances of the measurement penalty are distinguished and expounded in this part. There are three sections in this part. One section is the concept of the Legal Circumstances of the Measurement of Penalty. All kinds of the viewpoints on this concept were said in one section, which is mainly exploded on the word of"legal". Next, the word of"circumstances"is mainly classified in our country's jurisprudence system in the second section. The conclusions on the concept of Legal circumstances of the Measurement of Penalty are illuminated in the third section.The second part of this treatise mainly illuminates the using of the legal circumstance. The legal circumstance is the mostly part in the circumstance and the foundation of correcting the legal punishment. In this part, the legal circumstance is classified into single-function circumstance multifunction circumstance, authorized circumstance and ordered circumstance. Furthermore, in the research of the Single-function circumstance, it be classified in detail, thoroughly illuminates the using of stricter punishment, lenient punishment, alleviative punishment and exempted punishment. First of all, narrates the using of the same-tendency circumstance, and divide it into homogeneous same-tendency circumstance, heterogeneous same-tendency circumstance. Secondly, mainly narrates the using of the converse-circumstance, through analyzing some influencing methods in our country, such as the traditional method and the mathematics' method in the discretion of punishment. And bring forward a new method basic on inheriting the reasonable element of these viewpoints.The third part of this treatise mainly illuminates the development and consummation of Legal Circumstance of the Measurement of Penalty. There are three sections in this part. One section is the hypothesis of the order on the Legal Circumstance of the Measurement of Penalty built. The second section is the standard of the Legal Circumstance of the Measurement of Penalty. The third section is illuminated the method of reducing the Legal Circumstance of the Measurement of Penalty, when is written in the law.At last, the summary and generalization of the whole dissertation are written in the conclusion. This thesis has achieved at least the constructive achievements in the following aspects; the no-construction of the basic categorization in the penalty measurement circumstances; the resolution of the principle problems in the penalty measurement circumstances; the resolution projects of the basic applications in the penalty measurement circumstances; the legislation, legal consummation and the system stipulation and superiority of some arguable circumstances.