The Discuss Of Discretionary Circumstances Of Sentencing

There are two types of sentencing in the Chinese Legal System. Both legalcircumstances of sentencing and discretionary circumstances of sentencing areshould be considered by the judges during the sentencing process. Discretionarycircumstances of sentencing are more important in the legal process. There are nolegal documents about discretionary circumstances of sentencing in Chinese legalsystem, which leads to many practice problems should be revalued and revised.The paper includes three parts, the introduction, the conclusion and main body.The first part of main body is aimed at the connotation and range of discretionarycircumstances of sentencing. The second part discusses the importance ofdiscretionary circumstances of sentencing. In the past few years, scholars focused onwhat should discretionary circumstances of sentencing be, and ignored what isdiscretionary circumstances of sentencing. Writer tries to point out the values ofdiscretionary circumstances of sentencing in theory and in reality. The third chapterwhich is the most creative chapters in this paper mainly discusses the principles ofdiscretionary circumstances of sentencing and guides the practical uses theprocedures in legal process. The forth chapter is aimed to point out and to solve theproblems of discretionary circumstances of sentencing mentioned above inlegislations and legal procedures.Though some deep research and thinking, this paper aims to perfect thediscretionary circumstances of sentencing in Chinese legal system. Because of therestrain of writer’s ability, there are still some weakness and shortness in this paperwhich should be improved in the future.