The Analysis For The Case Of Temporary Rape

In the year of2009, a trial for rape was judged in the People’s Court of Nanxun District, the city of Huzhou, Zhejiang province, identifying the two defendants performed the fact without premeditation in advance. As a result, the words of "temporary crime"were used in the Court’s Written Judgment and the accused were thus given a lighter punishment at the judicial discretion. Once the case was reported, it triggered a widespread dispute in all sectors of the society and contributed to the emergence of the words of "temporary rape". Dozens of days later, Huzhou Intermediate People’s Court, in consideration of the public opinion, made a decision to review the case of the first instance and eventually changed the original sentence.In this thesis, by combining the case of "temporary rape" as an initiation, we try to answer the question with the relation to how to balance all the factors of discretionary circumstances of sentencing in order to better realize the value orientation of safeguarding social order and criminal justice guarantee of human rights. From the point of the style arrangement, we make an compendious elaboration on the concrete details and sentencing results of the case and give an introduction of legal focus of its disputes. On the basis of mentioned above, this article performs an analysis relating to legal problems. And then the current problems of discretionary circumstances of sentencing are hunted for under the discussion of a deliberation of discretionary circumstances of sentencing as a breakthrough point, involving ambiguous provisions of criminal legislation, general ignorance and random application of judicial practice. Established in the above theory, some recommendations about legislation and jurisdiction are made to give an enhancement of discretionary circumstances of sentencing. Aiming at the former issue, we should augment general terms legislatively to make part of it legalization. On account of the latter problem, we had better build up independent sentencing procedures, expand persuasion of the written judgment and improve diathesis of judicial personnel. This article purpose a theoretical trial and construction, hoping to provide helpful reference for China’s further consummation of criminal justice.