A Study On Factors Relevant To Sentencing

Measurement of penalty which is a key link in judicial process plays an essential role in assessing judicial activities.On the basis of ascertaining criminal act and finding the applicable law, factors relevant to sentencing weigh much in evaluating culpability. Academia and judicial organs differ with each other regarding the application of the principle of sentencing under complex circumstances.This paper, from a comparative point of view, explores the factors relevant to sentencing based on foreign legislative experience,research output and China's judicial practice and advances proposals to enhance the system of sentencing.Besides introduction and epilogue, this paper is composed of 3 parts.Part 1 introduces the ways for ascertaining the factors relevant to sentencing, their formations and their impact. This part compares the concepts of various branches of Criminology and delimits the factors that are relevant to sentencing.Part 2 discusses the ways for meeting the challenges facing the factor which are relevant to sentencing. This part analyses standard approaches of foreign countries and China to solve the problems caused by factors relevant to sentencing. It expounds the principles upheld by judicial organs for ascertaining the factors relevant to sentencing.Part 3 presents legislative proposals to improve the approaches to ascertain the factors relevant to sentencing. This part explores foreign legislative experience and expounds China's useful practice both in academia and judicial organs.It discusses methods which could be used to reasonably assess the factors relevant to sentencing and make legislation based on academic research.