Research On The Legislation Of The Discretionary Circumstances Of Sentencing

"Law is limited and circumstances are infinite", to make up for the deficiencies of the legally prescribed circumstances of sentencing in the administration of justice discretionary circumstances of sentencing which based on the discretion of the judge play an important role in judicial practice. Discretionary circumstances of sentencing are lack of clear and specific provisions of law, without a clear standard and depend entirely on the discretion of the judge in the judicial practice. However, we all know, uneven quality of our judges, which caused some judicial sentencing imbalance has seriously affected the course of justice. Solve the problem, we must prescribe the right medicine. Legislation of the discretionary circumstances of sentencing is no doubt a good medicine to solve the problem.But, as the legal resources are limited, Law can not contain all of the circumstances. On the research and judicial experience, Legislation of cause of the crime,motive and purpose,criminal means and methods,crime before the consistent performance, crime after the expression of penitence,crime targets, special populations of crime, victims fault, victims of understanding and offender is necessary and feasible.By analysis and comparison of the legislative mode of sentencing circumstances, Legislation of the discretionary circumstances of sentencing by the model of summary provisions and specifical provisions is scientific and rational.