Legislative Perfection Of The Lawful Penal Discretion Under The Criminal Policy Of Temper Justice

Criminal Policy Of Temper Justice since been qualitatived as a basic criminal policy in the current period, the majority of scholars qualitatived its characterization as a criminal justice policy。By the author of this criminal policy of the analysis, Criminal Policy Of Temper Justice is not only a criminal justice, but also a criminal legislative policy。Then by analyzing the policies and statutory criminal penalties of the close relationship between the circumstances, that the Penal Code in order to achieve the prevention and control of the purpose of the crime,the sentence must be fair, which requires the Criminal Code itself on crime prevention and control means, measures and continuous system of self-examination。In sentencing, the severity of penalties coordination, in addition to a Legal Sentence crime rate, the most important of which is the statutory penalty cases。However, at present, many of China's Criminal Code and the circumstances of the current statutory sentencing phase the Criminal Policy Of Temper Justice inconsistent with the spirit of the value of the policy, so I try to stay through replaced, and others ways criminal legislation, such as the frank and recidivism, surrendered, and other related statutory sentencing amendments to the circumstances, the circumstances of the statutory sentencing system design more in line with the requirements of the criminal policies more conducive to the realization of the purpose of penalties。...