Research On The Principle Of Prohibition Of Repeated Evaluation In Sentencing

It is an important concept in the modern criminal justice to prohibit the repeated evaluation principle, and it is also an important principle to protect the legitimate rights and interests of both the criminal suspects and defendants. This idea has been reflected and implemented in the contemporary and modern criminal legislation and judicial process. However, the principle is not written into the law because of the domestic criminal law.Therefore,when in sentencing in judicial practice, intentionally or unintentionally overlook or even deliberately violations often occur, resulting in lacking of uniform standards in penalty discretion in practice. The repeated occurrence of this kind of situation is disadvantageous for the construction and development of the legal system, meanwhile, it doesn’t match with the recognition demands of prohibiting the repeated evaluation by criminal law school and judicial practice parties, so that the legitimate rights and interests of criminal suspects and defendants are easily infringed. On the basis of the existing research, this paper will not only makes clear the connotation and extension of the principle of prohibition of repeated evaluation, but also will discuss the specific application of this principle when it is used to solve relevant problems.This principle shall be discussed from four aspects by the author:In the first part, this paper will summarize the definition and origin of the principle of prohibition of repeated evaluation. This paper begins with the definition of the principle of prohibition of repeated evaluation and then clarifies its characteristics on the basis of the definition and makes further analysis of the implementation of the principle from the four aspects. In the author’s humble opinion, prohibiting repeatable evaluation is not allowed to repeat evaluation in the same circumstances in conviction or sentencing, and is prohibited to repeat evaluation in the same suit and the same crime plot or sentencing. It is strictly forbidden to do the multiple evaluations of the same facts of the crime from the same level, angle, the side surface, but it allows repeatable evaluation from different level, angle and side. It is forbidden to make evaluation of the same nature of the same facts of a crime. After making clear of the definition and characteristics of this principle, this paper will trace the concept of the prohibition of repeated evaluation, and state the relevant provisions of the Rome law era and the present law.The second part is to expatiate the theoretical basis and the nature of the principle of prohibition of repeated evaluation. This part discusses the close relationship between the prohibition of repeated evaluation and the justice of the law. In the criminal law, law of justice not just embodies in the performance in the maintenance of public order and the more important function of the law of justice is to maintain the unshakable position of human rights. Through the discussion, the author thinks that the principle of prohibition of repeated evaluation is an indispensable part of the legal principle of crime and punishment, and the pillar of practicing the principle of crime and punishment. Meanwhile, the prohibition of repeated evaluation coincides with the trend of the economic trend of the criminal law. The significance of prohibition of repeated evaluation is so great that it is clearly defined in the national laws of so many countries and regions in the world, except in China. We can only see the shadow of this principle in some relevant laws and regulations in China. In the end, based on the essence of this principle and the summarization of the relevant theories of the principle of prohibition of repeated evaluation, this paper points out that this principle has the property of the principle of conviction, the principle of legislation, the principle of sentencing and the principle of justice.The third part describes the significance of the prohibition of repeated evaluation on the standardization of sentencing. The author believes that it is not only conducive to distinguish the conviction and sentencing circumstances and change the "assessment of the pile type" sentencing, but also conducive to the reasonable constraints of the judge’s discretion, even more conducive to the protection of the legitimate rights and interests of the defendant and to prevent the implicit aggravating punishment. In the standardization of sentencing, the implement the principle of prohibition of repeated evaluation is not only the necessity of realizing the justice of sentencing, to maintain social fairness and justice, but also the guarantee of ensuring the standardization of discretionary power and the unified implementation of national laws.The fourth part discusses the application of the principle of prohibition of repeated evaluation in sentencing. First of all, the author puts forward the specific requirements of the principle of prohibition of repeated evaluation in sentencing, and secondly with the Supreme People’s court sentencing guidance, this paper makes clear the basic steps of the application of prohibition of repeated evaluation in the sentence. A re understanding of the terms relating to repeated evaluation in the criminal code, furthermore, there are some nuances which are not easy to be paid attention to in prohibition of repeated evaluation in sentencing, but they frequently occur in reality:If the prisoner is discovered guilty of the same kind when he has not completed in the punishment of criminals and released, it actually violates the principle of prohibiting repeatable evaluation when we deal with this kind of case by using the ways of combined punishment for several offenses and separate crimes direct judgment. This paper also puts forward some suggestions on how to deal with the above kind of situation.