On Discretionary Circumstances Of Sentencing

Discretionary circumstances of sentencing means various subjective and objecticve facts that penal code has no clear statement to concretely rule but generalize approbation, reflect the danger of actions and actors, the court has to consider while sentencing. Discretionary circumstances of sentencing are very important to exactitude penalty measurement for the judge. Some problems are discussed in theories and practices to carry on a beneficial study and to nicely develop its important function and effect of adjustment and equilibrium of penalty. This dissertation is divided into preface, text and conclusion.Among them the text part is divided into three parts.In the first part, the foundation problem of discretionary circumstances of sentencing is mainly defined. Commencing from different definitions of discretionary circumstances of sentencing, then analyzing its characteristic, its define is carried out; The views to it in chinese ancient time and abroad are analysised and used for reference; Finally the position of discretionary circumstances of sentencing are defined from the different angles of foundation theories and judicatory.Some common concrete kinds of discretionary circumstances of sentencing is defined in the second part. Dividing nine concrete factors into two major types with social harm and personal dangerousness, as to its contents, why to affirm, how to apply etc.carry on an analytical study one by one.In the third part, an investigation is carried on applying of discretionary circumstances of sentencing in our crime judicatory practice, then some problems are pointed out. To solve the problems, the writer suggests some improvement measures.