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Legal Leniency Sentencing Research

Posted on:2004-12-23Degree:MasterType:Thesis
Country:ChinaCandidate:J Q YangFull Text:PDF
GTID:2206360092490518Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Conviction and sentencing are two basic links in criminal judicial procedure. Conviction is the qualitative analysis and sentencing is the quantitative research. The tendency of mitigation of punishment is the world trend of punishment now. This article is mainly on the basic theory of legal lenient circumstances of sentencing, especially on the discussion and analysis of the history, conception, classification, basic principles, application and legal shortcomings and perfection of legal lenient circumstances of sentencing.This article consists of four chapters. Chapter one focuses on the history of legal lenient circumstances of sentencing abroad, and given a general survey of the conception and classification of legal lenient circumstances of sentencing. Chapter two probes into the research of basic principle of legal lenient circumstances of sentencing. The traditional principle: "basing trial on criminal facts and taking criminal law as the criterion" is not regarded as a basic principle of legal lenient circumstances of sentencing. Only by the combination of suiting punishment to crime and individualization of the punishment as a whole can the shortcomings be overcome; Meanwhile, the prohibition of re-assessment is also one of the basic legal lenient circumstances of sentencing principles. Furthermore, the enforcement of these three basic principles is more and more important in modern society. Chapter three goes into the full research of the application of legal lenient circumstances of sentencing. Studying of the section is of great importance in judicial practice. The last chapter is the analysis of the legal shortcomings of legal lenient circumstances of in criminal law, and then based on these, it proposes to research the legislation perfection in legal lenient circumstances of sentencing.
Keywords/Search Tags:legal leniency, circumstances of sentencing, basic principle, application, shortcomings and perfection
PDF Full Text Request
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