| The assemblage of circumstances of Sentencing occurs frequently in the criminal trial practice and it is one of difficult questions in the measurement of punishment. Study on this problem has not only theory significance but also practice significance. Legislation on the application of assemblage of circumstances of sentencing is still a blank, and at the same time we have many problems in the judicial practice.My study begins with the raising a query to several traditional theory and the legal rule. First, the question is oversimplified by people who were involved in the argument on the determined factor of the Permissible-type plots. I think that they should be judged respectively by analyzing the judging course. Neither the subjective factor nor the objective factor can determine them without any question. A conclusion: Permissible-Type plots can't be excluded but should be different from the Compulsory-type plots in application. This is a logical premise of my study.After carefully examined the Permissible-Type plots in the criminal law, I discovered a problem: Do the rules of permissible remission circumstances of sentencing include the meaning of lighter circumstances of sentencing and reducing circumstances of sentencing?We cannot get a satisfactory explanation on it. In analyzing the Theory of Mid-line Approach, I find the law is on the same way with the theory in the rule of reducing circumstances of sentencing.And the criticism is not so reasonable. According to this , I get a new approach:-the New Theory of Mid-line Approach-to solve the problem of application ofsingle or more circumstances of sentencing of reducing circumstances of sentencing.After analyzing theories and approaches from home and abroad on the object, I put forward my project. There are 4 steps in application of each measurement of punishment: Ⅰ .First direction detection; Namely determination of legal prescribed punishment; Ⅱ, First localization: Namely definite reference point; III ,Second... |
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