Research On The Application Of The Order Value In The Sentencing

The controversy caused by the hot stories in recent years, such as Li Changkuicase, the similar case of Xu Ting, Yao jiaxin case, Wu Ying case and so is the issue ofsentencing, the degree of concern on the sentencing of the defendant and the publicfar better than conviction. The sentencing of these cases did not simply reflect thevalue of the criminal law requirements, in particular the requirements of the ordervalue, therefore, discussed in this article, pay more attention to the issue of how toidentify the basis, trying to explore the connotation of the order value so as to promotethe current criminal law to achieve social conditions. The key issues of this title is thecore substance of order value and how to apply the core substance of the sentencingaspect to achieve a balance between the three effects to demonstrate the value of theCriminal Code order to solve these problems on the basis of valuation in sentencingorientation requirements.In the first part, the brief analysis of the hot case, to illustrate the coordinatesystem in real time and level of development of the social realities in the sentencing ofcase-specific results are required to meet the specific demand for the social valuerelates to right the guidelines of the social values, if there is departure from theauthority of the law will, trustworthiness, and positive guidance on behavior have anegative impact.The second part, traceable and realistic understanding of the order value,indicating the order value of the criminal law, both criminal law, order value targets,identifying their existence in the ontology is the spontaneous self-conscious, andmaintenance is a dynamic social order, its meaning appearance on the operating statusthrough the criminal law to achieve an orderly society, the goal is to safeguard thepublic demand for a stable social environment, from the perspective of socialdevelopment and the members need the public mind the expectations of the justiceand public behavior fair expectations, positioning. The third part, the basic method of application is to comply with the basicprinciples of criminal law, and evaluation principles, on the basis of common senseprinciples of hierarchical the basis the punishment fits the crime elements,classification, social order requires the externalization of the social "common sense"for standards, targeted to specific circumstance for sentencing evaluation, guidanceand application of specific cases, according to the statutory sentencing and opencharacteristics of the discretionary sentencing judge, the order value in the statutorysentencing discretion of the specific application of the punishment fits the crime. Usethe studies of cases and statistical data analysis of order value guidance in thesentencing, to make use of the order value in practice.