Study On The Application Of Discretionary Circumstances Of Sentencing

Sentencing balance is one of the important symbols of judicial justice. But the phenomena of inconsistent sentencing has greatly affected the realization of sentencing banlance. Sentencing circumstance, a key sentencing factor, is a collection of subjective and objective facts reflecting social harmfulness of act and personal danger and its degree of actor. As an important component of sentencing circumstance, considerable circumstance plays a key role in the course of sentencing, but theoretical pay little importance on it, and has different standards of judicial in practice. Base on the elaboration of the concept, characteristics and classification of the discretionary circumstances of sentencing, and according to the convention of judicial practice, the paper studies several problems relavant to the discretionary circumstances of sentencing through examples of relavant cases and by reference to some academic points of view. The paper mainly discusses the relavant problems of the application of the discretionary circumstances of sentencing, analyzes the causes of the problems and puts forwards some legislative and systemic suggestions.The first part summarized the discretionary circumstances of sentencing. This chapter is divided into four sections. In sectionⅠ, first of all basic concept of the discretionary circumstances of sentencing, researching on the existence of a variety of theoretical concepts in a comparative analysis to come the opinion of the writer. Section II, discretionary circumstances of sentencing must be accurate positioning. It is about the discretionary sentencing and related concepts, including the circumstances of the convicted and the circumstances of the statutory sentencing comparison, a better understanding of the connotation and extension of discretionary circumstances of the sentencing. Discretionary circumstances of sentencing is a tool that law grants to the judges and can lead them to make specific sanction in the light of specific conditions of cases. SectionⅢis the different kinds of the discretionary circumstances of sentencing.The second chapter is mainly on the study of the application of discretionary sentencing. The sentencing discretion of the plot must be a standard application in sentencing practice. In sectionⅠ,it is about the convention of judicial practice and examples of relavant cases. In sectionⅡ, the author points out the problems lying in the course of the application of discretionary circumstance and its reasons.The third chapter is the core part of this paper. The author mainly discusses the ways of discretionary sentencing plot’s application. In SectionⅠ, the main issue is how to find and use the discretionary sentencing.Application of all kinds of discretionary sentencing plot should have a unified standard. SectionⅡdiscusses quantitive operational rules. The author argued that the legislative and the judiciary menthods should be adopted to achieve the synchization forward. In SectionⅢ, on principles of criminal law, a modest correction can be done in order to ensure a fair criminal declaration. At the same time, it is multi-plot’s competing of discretionary sentencing. Must be emphasized that the sentencing discretion of the plot must be consolidated to promote a promote a positive sentencing evaluation.The fourth chapter is discretionary sentencing plot’s standardization application. SectionⅠdiscusses the legislation improvement of the plots. The author stressed that the substantive law make it make it clear that the conent and status of discretionary sentencing. SectionⅡdiscusses the means of justice to achieve the application standardization. The author pointed out that the case system should be adopted. It is needed that deepen the reform of sentencing standardization and separate senencing proceedings. In order to ensure normal application of discretionary sentencing, we must create a sound legal environment.