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Study On The Discretionary Circumstances Of Sentencing

Posted on:2015-06-05Degree:MasterType:Thesis
Country:ChinaCandidate:M T YeFull Text:PDF
GTID:2296330467467775Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
They are the important part of sentencing, also play an important role in the realization offair sentencing, balance between crime and punishment and protection of human rights. Theyare discretionary circumstances of sentencing. But because of non-statutory, discretionary orother reasons, they suffer the double difficulties in theoretical research and judicial practice,even is considered to be the vassal of statutory sentencing. In order to restore a true,independent themselves, find and analyze their value, contribute the reformation ofsentencing standardization, this article mainly elaborates the focus questions, introducestheoretical foundation and specific application, and points out the road of theirimprovement.Besides the introduction, there are four chapters in this paper.In chapter one, on the basis of comparing domestic professors about the idea, the writeranalyses three questions about their, put forward her idea. At the same time, the writer probesinto the relationship between them and the statutory sentencing plot, consider the differencebetween the two is only whether the law stipulate the contents, not the high and low quality ofposition and force. In addition, the author explains the three functions.In chapter two, the writer insists that what is rational is real, what is real is rational,analyses their rationality and clarify they are the product of legal development, legalrequirements and practice according to the historical, theoretical and judicial angle.In chapter three, the writer knows that the circumstances of the case are difference, andthey in every case are various, so it is unsuitable way that the writer introduces all thecontents. The writer takes suitable methods to explain the application, on the one hand, thejudge shall insist the principle of law, non-repeated evaluation and all-round evaluation in thedetermination and application,on the other hand, the writer discuss mainly criminal record,weak victim and so on. Besides, according to its essential characteristic, the writer believesthat the social emotion and social situation aren’t belong to them.Chapter four is the focus of this article. The writer points out two questions in thepractice, through literature survey and empirical way, these questions seriously damage theirapplication. Therefore, the writer puts forward suggestions from inner and outer point of view,in order to improve themselves.
Keywords/Search Tags:Discretionary Circumstances of Sentencing, Statutory sentencing plot, Statutory, Application, Inner Perfection
PDF Full Text Request
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