The Research Of The Conflict In Sentencing Circumstances

How to sentence justly is an important goal which has been pursued diligently by the theory community and the judiciary:Practice has proved that the injustice sentencing almost appears in complex cases.Those cases have more than one sentencing circumstances which have more conflicting particularly.That is conflicting in force direction.This article sorts of the concept based on sentencing,sentencing circumstances and the conflict in sentencing circumstances,and referents the experience of solution to the conflict in sentencing circumstances in Common Law Countries represented by United Kingdom and United States and Civil Law Countries represented by Germany and Japan. Starting from the philosophy of sentencing justly,we analyze the causes of the conflict in sentencing circumstances and advance the fundamental way of the conflict in sentencing circumstances.In other words,it's determine the margin of sentence—establish the sentencing standards—obtain the declared criminal.