On Discretionary Circumstances Of Sentencing

Discretionary circumstances of sentencing are various subjective and objective facts which should be taken into consideration while sentencing and fina lly affects penalty measurement, which the criminal law does not stipulate definitely, but acknowledges, which can reflect the danger of actions and personal dangerousness of criminals. They are concluded by judicial organ according to criminal legislation, criminal policy and social reason from judicial practice. Discretionary circumstances of sentencing is a tool that laws grant judges and can make them give appropriate discretion in the light of specific conditions on concrete cases. Therefore, the application of discretionary circumstances of sentencing in nature is the application of judges'free rulings. All discussion about discretionary circumstances of sentencing is for the sake of a deeper understanding of discretionary circumstances of sentencing in order to more nicely developed its important function and effect of adjustment and equilibrium of penalty. Besides preface, this dissertation is composed of four chapters.The first chapter, mainly to define the basic areas about the discretionary circumstances of sentencing. Commencing from different definitions of it, then analyzing its characteristics, its definition is carried out.On the base of theoretical angle, the second chapter fully analyses the existence basis about the discretionary circumstances of sentencing, including legitimate basis, utilitarian basis and practical basis.In the third chapter, the range of discretionary circumstances of sentencing is analysed. Because of the complexity of concrete discretionary circumstances of sentencing, the author introduces and illustrates some common concrete kinds of discretionary circumstances of sentencing. In addition, some controversial problems such as criminal policy, social sitiation and social consensus are discussed.In the fourth part, an investigation is carried on applying of discretionary circumstances of sentencing in our crime judicatory practice, then some problems are pointed out. To solve the problems, the author suggests some responding measures.