Measure Circumstances System Inside The Research Of A Few Problems

Contents brief summary:This text is divided into four parts:An is measure circumstances difference problem. Measure the circumstances difference have the world, all countries is solution measure the difference of circumstances all at look for with construct or purchase to match the our country law institutional, opposite and reasonable the system of deal circumstances .Our country same exsit deal circumstances difference problem. The writer makes use of the work to judge the convenient term of the forefront in the pertaining to crime, proceeding to the circumstance of dealcircumstances of the 2005 in part of grass-roots courts in magistracy the extensive inquisition study, analyzing the penal factor in amount of influence, tallying up the penal factor in amount of influence include:(1) epistemological and last reason;(2) pertaining to crime policy with the reason of the pertaining to crime lawmaking; (3) case a reason for of latent factor; (4) judging system;(5) the not appropriate interference of the other organization, social group;(6) social public opinion with factor etc. of judge's oneself. It is reformation etc. The offense penal code settles the principle should be a that penalty individual turn to unify with generalized organism in penalty, ising similar to the details of case to exsits in certain timespace reasonable difference, is the justice of individual perhaps and widespread justice now. Should the exactitude treat the esse of the difference of deal circumstances , reducing the individual justice and widespread justice a negative influence for of clash producing.Two is a basic rule that circumstances grow to cut the deal. Writer is in that part to the our country penal code five kinds of main circumstances that rule grows the choice suitable for use with four kinds of additional and penal circumstances proceeding the analysis. The not enough place that grow put forward the modification suggestion to parts of circumstances If the writer puts forward to shorten the control circumstances period, give the controlcircumstances increment to be engaged in the contents of the public welfare labor compulsory, provision control circumstances and throw into prison the time comparison of the circumstances displacement;Increment imprisonment for a specific term length, classified into the imprisonment for a specific term to the imprisonment for a specific term of absoluteness with the opposite imprisonment for a specific term, according to crime the person's host and guest view circumstance, then crime the person's social bane result decides with the Human body risk whether can then suspended sentence, cut prison terms, parole the etc., increase the imprisonment for a specific term respond to the criminal efficiency;Suggest the our country according to the crime circumstance of the oneself, rule the absolute life imprisonment to the serious crime of those not proper provisionses death penalty, from but the minimum limit reserves life circumstances etc.Three is a solution to measures circumstances details chooses to use to conflicts with details. Author at should be part of first to the concept, function that deal circumstances details proceeded detailed treatise. Adopt the next in order the theories full general measures the circumstances details is divided into the legal details with consider to pledge love the nodal usuallying divide into section the method most , distinguishing to the legal details with consider to pledge love the stanza proceeded certainly of research and put forward in judge fulfillment the problem that should notice, put forward the solution measures the solution thatcircumstances details conflicts. Penal range in deal in influence in details incircumstances in deal that have the initiative the consideration should is equal to or breadth in other measure circumstances details influence penal range in deal, at the same time combinative judgment practice experience, to lawmaking that deal circumstances details is perfect with judicatory, put forward the suggestion of the some first step. Four is to measures the circumstances method set up. Current, our country the judgment practices the difference of deal circumstances that inside appear, in additino to the reason on the lawmaking, more important judicatory top of reason. The author analyzed in that part the our country tradition measures the mainblemish that circumstances method——experience homework methodexsits. Putting forward the basis circumstances measures circumstances method can then be from deal circumstances rationalization alignment measure the circumstances precision turns, scientific a transition role.《the People's Republic of China measures the circumstances guides the opinion》to reform to the judicatory with realize the trial that social candor have important meaning. Brings with realizes to the negative influence that reduce the deal circumstances difference the penalty purpose all have the positive function. From but guarantee the judicial candor within the scope of certain timespace, support the social stability.