On The Penalty Applicable To The Value Concept And Its Application In The Sentencing

That the penalty cuts amounts is criminal trial one of flexible fundamental two links , that the penalty cuts the amounts result is that the judge applies to criminal law result not only , is also judge's values embodiment in concrete case. That the measurement of penalty problem investigates whose nature is a discretion's exercise a problem , the discretion is the operation on value idea but. Impartial , careful punishment, humanity are modern fundamental penalty value suitable for use idea, in applying whose lightness to a penalty cut amounts process, source of will become impartial flowing water of measurement of penalty.The value being that the judiciary is eternal impartially is run after, is is also that the criminal judge cuts basic amounts penalties outlook on values. Measurement of penalty impartial fundamental import, be finger people's court face to face commit a crime person decision and amounts penalty now and then, ought to achieve be in progress according to law, guilt should fine forfeit, innocent do not fine forfeit, minor crime light fine forfeit, felony heavy penalty, fine forfeit ding-dang it's crime, crime punishment be commensurate to, that is , come true crime and punishment even. In general Er Yan , have fundamental request in three aspects: Procedure is impartial , the entity is impartial and acts as a referee impartially. The procedure realizing measurement of penalty is impartial, ought to let measurement of penalty enter court hearing procedure first, content becoming prosecution and defense but participation , having a dialogue , debating with; Secondly, ought to make measurement of penalty's known to the public in judge rapporteur .The entity demands to be that crime punishment is even achieve impartially. Balance needing to realize crime and punishment, must combine the behavior society harmfulness person of behavior people danger thinking, take society harmfulness as the basis deciding a penalty's , take person danger as the basis measuring. Not only the measurement of penalty justice include the case crime punishment balance , but also the measurement of penalty between including case is even, be with crime and fine forfeit. Approach such as avoiding the case room measurement of penalty unbalance being able to pass reinforcing the legislation improving and perfecting , the thin melt criterion of imposing penalty , bringing the case directive function into play sufficiently is resolved.Careful punishment idea is penalty important outlook on values in applying to. It requires that the criminal judge is cautious put to torture, cutting amounts according to law, use the penalty , can not put to torture wilfully and hackneyed Shi penalty by no means effortlessly. Careful punishment in our country tradition judiciary, sympathizes punishment thought ought to be that the present age penalty is suitable for use draw and inherit. Idea putting careful punishment into effect, must set up a penalty is the mental consciousness resolving final means of social contradictions concept , strengthening "evil target of must act against the will but using of acting against the will". The death penalty applying to is to put a outstanding problem of careful punishment idea into effect, the argument about that the death penalty stores the useless problem is as old as the hills , that our country applies to fundamental problem attitude to the death penalty is: Not abolishing a death penalty, but according to law strict. Put careful punishment concept into effect on the death penalty applying to, one needing to set up "iron case " mental consciousness , the strict standard, keep good control on the death penalty is suitable for use; Applying to that two asks to grasp "the strike-hard campaign " middle death penalty correctly, can not settle for a second best , bring about measurement of penalty because of carrying out "severe crackdown on crimes " policy , going beyond the scope with dimension improper; Effect that three ask to treat people's wrath correctly to capital case. Except the death penalty applying to, the idea putting careful punishment into effect , the concept requiring that the thorough change highly values the measurement of penalty being convicted , making light of. Apply to in making an explanation to abstract law article, as well as careful punishment idea should have what embodied and applied without exception on the social effect and law effect making a choice.Humanity idea is this outlook on values of criminal judge measurement of penalty people, its require that the criminal judge attaches importance to guarantee human rights , dainty Catholicism and moral principle, amounts penalties ought to accord with people's nature , as far as possible, width is slow , are the corporal punishment Catholicism , make light of slowness and moral principle. Value of the humanity penalty suitable for use idea requires that the criminal judge gets rid of heavy penalty doctrine thought in measurement of penalty , come true put to torture making light of is slow melt. That measurement of penalty postpones spending the penalty not equal to speaking feeling better , as making light of more but gently, is to should think that width is then broad , width Yan Xiang aids strictly strictly but, punishment pawns whose crime. In cutting amounts in the penalty carry out humanity idea , applying to once being that strict control carries out immediately to the death penalty; Two is that correct assurance "complies with heavy " dimension in criminal policy "of severe crackdown on crimes "; Three are to pay attention to being reprieved for and controlling , short detention , Shan penalty etc. must imprison the punishment applying to; Four are that the kinds of punishment choice composes in reply a term of imprisonment's cut amounts ought to vary with each individual, to look at feeling but fix under legal premise , the crowd who brings the commit a crime , weak power of juveniles to trial especially commits a crime waiting to ought to differentiate to some extent according to circumstance in law case.