Study On The Principle Of Heavier Punishment In Criminal Law

Severe punishment, as one important sentencing principles of criminal law, China’s criminal law has always given high priority. As the status of China’s legislature, for the understanding and application of the principles of academic theory has not reached a unified view, there are different approaches to solve the dispute for the purpose in this article, to be punished severely as the research object, and the sentencing principles for further discussion. The definition of aggravating the existing legislation does not mention, Tong said that a heavier punishment "is within the range of legal punishment for criminals heavier punishment applicable species or long term." Severely punished to give a clear concept, the idea of relying on the existing knowledge is not enough, we must also trace the origin examined from a historical perspective. By historical review of its legislative history, and a comprehensive analysis of existing views, I think we can be defined as: heavy criminal, the consequences will inevitably lead to a heavier penalty.There are aggravating circumstances of committing a heavier punishment means within the limits prescribed punishment of criminals have aggravating circumstances in line with the provisions of the Penal Code, of no heavier, lighter punishment for similar crimes, apply a heavier punishment than the species or long sentence.The reason for having the aggravating circumstances of criminal law criminal division heavier criminal responsibility, the following two reasons: First, because of the larger social harm directly caused by aggravating circumstances has practiced criminal offense; two is due to the aggravating circumstances of the criminals have reflected the greater dangerousness indirectly due. Penal Code under what circumstances can severely legal consequences attributable to human behavior, I think you must have the following conditions: First, the subjective conditions attributable severely punished; the second is punished severely attribution of objective conditions; Third legal punishmentheavier punishment. Aggravating circumstances of the criminal law is to study the direct basis for a heavier punishment. Presence or absence of clearly defined in the Criminal Code as the standard, you can put into the statutory aggravating circumstances aggravating circumstances and at the discretion of aggravating circumstances. Refers to the statutory aggravating circumstances when sentencing a heavier punishment for the perpetrator of the Criminal Law clearly stipulates the plot, which includes the general principles of criminal law and the NPC Standing Committee in accordance with the relevant legal decisions, common provisions applicable to all kinds of crime and the circumstances in accordance with criminal law NPC Standing Committee and relevant legal decisions, the applicable provisions of the specific crime aggravating circumstances. Discretionary aggravating circumstances refers to general provisions of the Criminal Code to be harmful to society and reflect the behavior of the perpetrator’s dangerousness, and at the time of the penalty shall be at the discretion of the people’s court discretion aggravating various subjective and objective facts, including judicial interpretation aggravating circumstances and other provisions of the aggravating circumstances that should be considered. In order to apply a heavier punishment in a better way, we have to make it clear that the sentencing benchmarks of heavier punishment is an urgent problem of high priority.Because sentencing benchmark for sentencing activities plays a significant role, so it is of concern but also caused a lot of controversy jurisprudence. On sentencing benchmark exists or not, or need, and how to determine sentencing sentencing benchmark benchmark issues, failed to reach a unified point of view. On the basis of the analysis I weigh the pros and cons of the various viewpoints, to "neutral theory" as the theoretical basis of the method of logical reasoning applies to design a statutory sentence of different modes of sentencing reference to the theory of penal and judicial practice have The benefit. Because of this setting can not be verified in the judicial practice, it requires further investigation in the future.