Research On The Legislation Of The Discretionary Circumstances Of Sentencing

The legislation of the discretionary circumstances of sentencing is legislative process which all sorts of discretionary circumstances of sentencing that the theoretical circle and judicial practice has been clearly recognized, and embodied the harmful of behavior to the society or the person risk, according to the certain legislative technologies and the legislative process are clearly defined in the Criminal law, so that it has a clear legal basis and play together on punishment. Because of the discretionary circumstances of sentencing exists in any criminal case and is looked down in judicial practice, it is necessary to achieve the legislation on the discretionary circumstances of sentencing. In this paper, the author wants to establish independent status of the discretionary circumstances of sentencing on the criminal law, guides the judicial practice and improve sentencing system from investigating it. This paper is divided into three parts, they are introduction, body and conclusion. The body is divided into four chapters.The first chapter mainly defines the discretionary circumstances of sentencing. This chapter is divided into two sections. Section one defines the discretionary circumstances of sentencing through essential attribute, the basic features, extension, function and position;Section two analyzes the legislation of the discretionary circumstances of sentencing and relation of The CircumstancesThe second chapter discusses the background of discretionary circumstances of sentencing. This chapter is divided into two sections. Section one studies the problem of discretionary circumstances of sentencing in our criminal legislation and judicial, the author wants to explain the necessary of discretionary circumstances of sentencing; Section two analyzes three important judicial interpretations, the author believes that the legislation of the discretionary circumstances of sentencing already has certain conditions in the current statutory,All these support the paper.The third chapter mainly discusses purposes of the legislation of the discretionary circumstances of sentencing. This chapter is divided into two sections. Section one analyses the purposes of the legislation of the discretionary circumstances of sentencing, focusing on studying the discretionary circumstances of sentencing can be achieved with the convergence of principles of legality and introductionthe forward to the possibility; Section two studies judicial statutory purpose of discretionary circumstances of sentencing, the author wants to show that the discretionary circumstances of sentencing can play an important role in the administration of justice.The fourth chapter discusses the species and realization of the legislation of the discretionary circumstances of sentencing. This chapter divided into three sections. Section one studies the type of the discretionary circumstances of sentencing, they become the basis for the legislation of the discretionary circumstances of sentencing; Section two breaks through to the broad normal model which listed the discretionary circumstances of sentencing, and studies more than ten kinds of discretionary circumstances of sentencing very exhaustive which should legislate in general principles of criminal law; Section three research the discretionary circumstances of sentencing in special provisions of criminal law and achieve the completion of discussion about the legislation of the discretionary circumstances of sentencing.