On The Application Of Property's Restorative Behaviors' Discretionary Circumstances Of Sentencing

Act to restore the property at the discretion of sentencing the circumstances of the application of results are less than expected, the consequences can not be ignored, it is necessary to do in order to come up with this issue in order to investigate the cause theory and practical importance. The author of this paper will be divided into three acts to restore the property to explore some of the sentencing discretion of the circumstances of the application of a number of issues, namely the restoration of property act at the discretion of the sentencing issue circumstances of the application of the proposed restoration of property act applies to adverse discretionary sentencing circumstances and the reasons for the restoration of property circumstances of the act apply to discretionary sentencing proposals.The first part is to restore the property at the discretion of sentencing the circumstances of the application of behavior problem. From this part of the three discussed the property to restore sentencing discretion of the circumstances of this act, act to restore the property are at the discretion of sentencing the circumstances of the meaning and legal basis for the practice of judicial conduct to restore the property to the circumstances of the application of the sentencing discretion of the current situation and act to restore property Application of the sentencing discretion of the adverse circumstances. Here I have been talking about the resumption of property refers to the act of punishment at the discretion of the three plots, including compensation for victims of the accused have been material damage to the sentence the defendant, the defendant to pay the fine in a positive impact on the sentencing of the accused and accused of ill-gotten gains positive The impact of the three sentencing the defendant. Judicial practice, the act of restoration of property at the discretion of sentencing the circumstances of the application of the results are less than expected. I believe that the resumption of acts of property apply to the adverse circumstances of the sentencing discretion of both the accused could lead to the protection of the rights and interests of the undistributed indulgence may lead to the consequences of the accused.The second part is the properties to restore sentencing discretion of the act apply to adverse circumstances. Lead to the resumption of acts of property apply to the adverse circumstances of the sentencing discretion of the reasons, I believe that the main legal reasons, ideological reasons and practical reasons. The reason is that the law refers to the act of restoration of property at the discretion of sentencing the circumstances of their own shortcomings; ideological reasons is the weak awareness of human rights; real reason is the quality of judicial staff limitations and the limitations of the judicial environment.The third part of the property is to restore sentencing discretion of the circumstances of the act apply to the proposals. The author discusses the three aspects for the resumption of acts of property at the discretion of sentencing to the circumstances of the application of good suggestions and outlook. First of all I hope that our legislature can act to restore the property as soon as possible at the discretion of the legal circumstances of the sentencing. In addition, China's legislature to act to restore the property at the discretion of the legal circumstances of the sentence before the restoration of property in order to achieve punishment at the discretion of the circumstances of the act apply to good effect, we can foster a sense of human rights and improve the quality of judicial staff, to establish a good environment for justice, and so on to the efforts.First, on the one hand, our view of the circumstances at the discretion of the sentencing range is too broad, and the legal training of judges and the rule of law and ethical standards of good and the bad of the status, it is necessary for those who use it often drifted away from the criminal law beyond the explicit provisions of discretion Sentencing is scheduled circumstances, as soon as possible through the legislative process to make it a statutory body. On the other hand, I believe that the property will act to restore sentencing discretion of the circumstances as soon as possible, in line with the statutory China on the discretionary power of judges to do the necessary to appropriately limit the requirements. Judges from the point of view, not appropriate at this stage in our country, a strong proponent of sentencing discretion of judges, because the judges do not have our independence. From the rule of law as a whole need, in our present circumstances, should also be judge discretion to a certain extent. China needs at this stage is that the legal authority, we need to make great efforts to train more stringent rules of governance, and give full play to the development of law and norms of social adjustment as the main means of a leading role. China's current judicial environment, we should not be a strong emphasis on the judge's discretion, it is important to use the rules as much detail as possible to replace the vague legal standards. As a result, I believe that the property will resume at the discretion of sentencing the circumstances of the legal acts in line with the current stage of China's rule of law and judicial practice as a whole needs. Overview, including the ill-gotten gains, I believe that the defendant has to compensate the victims and material damage of the accused to pay a fine of three active discretionary sentencing as soon as circumstances require a statutory body. As a result, I would like to urge our legislature to act to restore the property as soon as possible at the discretion of sentencing the circumstances of the legal issues on the agenda.Second, the suspect, the defendant to protect the human rights situation is not only a measure of a country's degree of progress in criminal proceedings of the main targets, but also to judge a country's level of protection of basic human rights an important indicator. Strengthen protection of human rights in criminal proceedings, we must foster people-centered, in particular, the parties in order to protect the suspect, the defendant's basic human rights are not violated at the core of the legislative sense, it is necessary to rational allocation of judicial power and improve the supervision mechanism, the expansion of citizen self-protection means to broaden the way of relief infringement, violations of judicial control as much as possible in the least. Ill-gotten gains, the defendant has to compensate the victims and material damage of the accused to pay a fine of three active sentences at the discretion of the circumstances of the application of the good requires us to establish the ideology of human rights.Third, China's legislature to act to restore the property at the discretion of the legal circumstances of the sentence before the restoration of property in order to achieve punishment at the discretion of the circumstances of the act apply to good effect, we can improve the quality of judicial staff and the establishment of a sound judicial environment for both To the efforts. The quality of judicial staff members acts to restore the property to the sentencing discretion of the circumstances of the application of good plays an important role. To improve the quality of judicial staff, I believe that you can carry out several aspects: First, improve the judicial and political quality of staff; followed by the judicial staff to improve the quality of the business; is the last judicial staff has good physical and mental quality. Act to restore the property at the discretion of sentencing the circumstances of the good application of justice depends on a sound judicial environment. Strengthening the independence of the judiciary is a good judicial environment to foster the rule of law is a good sense of justice to protect the environment, the importance of social reporting, and strengthen judicial supervision mechanism to optimize the environment.In the light of our circumstances at the discretion of the sentencing range is too broad, and the legal training of judges and the rule of law and ethical standards of good and the bad of the status, it is necessary for those who use it often drifted away from the criminal law beyond the explicit provisions of the sentencing discretion of the circumstances as soon as possible Through the legislative process to make it a statutory body. Therefore, I appeal to China's legislature as soon as possible to restore the property to act at the discretion of the legal circumstances of the sentencing. In addition, China's legislature to act to restore the property at the discretion of the legal circumstances of the sentence before the restoration of property in order to achieve punishment at the discretion of the circumstances of the act apply to good effect, we can foster a sense of human rights and improve the quality of judicial staff, to establish a good environment for justice, and so on to the efforts.