On The Discretionary Circumstances Of Sentencing

As a sentencing case, discretionary circumstances of sentencing are the embodiment of judge's discretion. Chinese Criminal Law on the discretion of sentencing provisions of the circumstances to take a broad approach will be given much discretionary power to the judge. Therefore, there are more questions of the discretionary circumstances of sentencing in the judicial practice. However, with this legislation, there are many defects in the administration of justice from the status quo of China, resulting in the lack of uniformity of sentencing standards and the confusion. So, there was a need to rethink and revise.In this paper, there are about 45,000 words and five parts, with the exception of the introduction and conclusion. This paper trying to research the problems in the legislation and practice about discretionary circumstances of sentencing in our country, as well as the analysis of the relevant theory, to make some beneficial promotion on the improvement in legislation and theory about the discretionary circumstances of sentencing of our country.The first part: The definition of the discretionary circumstances of sentencing. This section of academics from home on the discretionary circumstances of sentencing defined by the analysis of the circumstances reveals the characteristics of sentencing discretion, the discretion of sentencing clear position, which clarified the circumstances of the type of discretionary sentencing.The second part: The legitimacy of discretionary circumstances of sentencing. This section focuses on the function, that is, the practical basis of discretionary circumstances of sentencing; and on this basis at the discretion of the sentence reveals the value of the plot, that is, the deeper theoretical basis of it. The third part: The basic scope of discretionary circumstances of sentencing. At first, this section clarifies the circumstances of the delineation of the scope of the discretion of sentencing standards. On this basis, analyzes the extension of discretionary circumstances of sentencing. Then points out those discretionary circumstances of sentencing ignored and questions disputed in our country.The fourth part: The application of the discretionary circumstances of sentencing. First of all, this section clearly points out the basic principles with the application of discretionary circumstances of sentencing to be followed, and on this basis analyzes the problems of the application of discretionary circumstances of sentencing should be paid attention to.The fifth part: The errors of the discretionary circumstances of sentencing in our country and the improvements of deficiencies in the plot. This section points out the main problems about discretionary circumstances of sentencing's legislation and practice in our country and puts forward a number of sound recommendations.