The Scope Of The Discretionary Circumstances For Research

Discretionary sentencing plot, it is to point to no specific provisions of criminal law, the behavior of social harmfulness and actor personal risk, and the judicial organs in accordance with the law should be considered when the criterion for the conviction of the criterion for the conviction of a variety of factors. Discretionary sentencing plot to judge according to the case facts and the specific circumstances of the parties, free discretion, in order to realize the individual justice. Due to unclear legislative discretion in practice there is a range of unknown, difficult to play to due utility. This article emphatically from the scope of the discretionary sentencing plot as well as the factors of several controversial, in order to makes a deep interpretation to its, make its can better exert the function of sentencing.This article begins with the introduction, the text is divided into four chapters, the last is conclusion.Preface mainly introduces the meaning of the discretionary sentencing plot scoping.The first chapter is an overview of discretionary sentencing plot. Mainly from different views of the concept of discretionary sentencing plot is analyzed, and then points out the characteristics of the discretionary sentencing plot, no matter how the concept has different understanding, can deny that it has statutory, nature can reflect the behavior of social harmfulness and actor’s personal risk, as well as the broad discretionary sentencing plot. And the status and function of discretionary sentencing plot.The second chapter is the present situation of discretionary sentencing plot investigation. Discretionary sentencing plot from shortage to improve after a long time, now the world common discretionary sentencing plot in the penal code provides that the legislation through comparing these discretionary sentencing plot, as well as our country and abroad of discretionary sentencing plot, comparing the legislation of our country the improvement of the discretionary sentencing plot to think.The third chapter mainly discusses the definition of discretionary sentencing plot standard and classification of discretionary circumstances for discussion. The first is to identify discretionary sentencing plot analysis the standard. Then the convicted circumstances and aggravating circumstances discretionary sentencing plot and to distinguish. The last is to classify discretionary sentencing plot. According to the time sequence of discretionary sentencing of the action as a standard before discretionary sentencing plot can be divided into sin, sin discretionary sentencing plot, sin after discretionary sentencing, according to the circumstances of the discretionary sentencing for the content of the standard can be divided into general discretionary sentencing circumstances and specific provisions sentencing circumstances.The fourth chapter is mainly on several factors related to discretionary sentencing plot analysis. Analysis of public opinion, social situation, the criminal policy can be discretionary sentencing plot, in specific cases to analyze the influence of size.Conclusion is the summary of this article.