The Study For Prohibit Of Repeated Evaluation About Circumstances For Sentencing

The ne bis in idem principle is the most simple value concept for prohibit of repeated evaluation.Prohibit of repeated evaluation as a principle is still in the theory discussion stage in China.And it is not able to be find its trace in legislation, also at groping stage in the judicial practice.In theory study, the scope of application about prohibit of repeated evaluation is broad. They are repeat of evaluation mainly about fact between conviction and also fact between conviction and sentencing.In the concrete to discuss the principles,scholars tend to discuss it from the macro level due to various reasons.Even have the study on concrete analysis of the principle, they are all limited to discuss the imaginative joiner of offenses and recidivism over and over again.However, separate study on prohibit of repeated evaluation about circumstances for sentencing are very rare.In the process of sentencing, the offender’s sentence depends largely on the application of circumstances for sentencing. Due to the nature of circumstances for sentencing itself,there are possibility about repeated of evaluation in defining the circumstances for sentencing and applying the circumstances for sentencing.In this article, through a simple review and summarize about the study for the prohibit of repeated evaluation,thus offers the theory foreshadowing and the analysis prerequisite for the prohibit of repeated evaluation in circumstances for sentencing.By combing relationship between circumstances for sentencing with constitutive elements of crime and relationship between conviction plots, then analysis the prohibit of repeated evaluation in circumstances for sentencing, and advises how to ban to repeated evaluation.Based on the relationship between the various circumstances for sentencing combined with specific case analysis, provide the solution for the prohibit of repeated evaluation in circumstances for sentencing which in applicable process about sentencing plot.The last,prospects the prohibit of repeated evaluation in the delimitation of legislation in our country.