An Empirical Study On The Application Of Sentencing Circumstances To The Crime Of Disrupting Public Service

Penalty discretion has always been an important part of criminal justice.Reasonable sentencing is not only the basic requirements of the principle of criminal punishment, but also an important manifestation of the judicial justice. With the continuous development of China’s economic and social, social security is facing many new challenges. Obstruction of official crime rate showed higher growth.Therefore, it is of great significance to study the application of sentencing for the crime of disrupting public service, and to improve the standard of sentencing of the crime of disrupting public service. Our Article 277 of the criminal law stipulates the crime of disrupting public service and its legal punishment including three years following a imprisonment, criminal detention, public surveillance and penalties. In the process of applying this law to the crime of disrupting public service, there are many differences. Although the Supreme People’s court has made the relevant provisions, such as ’The people’ s court sentencing guidelines(trial)’, ’Notice on the implementation of the standardization of sentencing’, ’Opinions of the Supreme People’s Court on the guiding opinions on the sentencing of the common crimes’, but these provisions are still principled. In this paper, the author takes 98 cases of criminal judgment in Beijing as a sample, analysising the application of the main circumstances of sentencing. In order to improve the crime of obstruction of public opinion to provide guidance.This paper is divided into four parts. In the first part, the problem is put forward,which mainly refers to the existing problems in the penalty discretion of public official crime; The second part is the construction of research method, sample selection and analysis framework. This paper chooses the empirical research as the research method, takes 98 cases of criminal judgment in Beijing as the object of study.According to the impact of the crime of disrupting public affairs of all kinds of circumstances sets up a basic analysis framework; The third part is the application of the sentencing circumstances of the crime of disrupting public affairs. The author analyzes the general situation and the impact of the sentencing circumstances; Thefourth part is the solution of sentencing about the crime of disrupting public service.The author has evaluated the sentencing standards. To put forward suggestions for better application of circumstances of sentencing.Through the above empirical research, the author thinks that the circumstances of sentencing which reflects the social harmfulness of the crime and the risk of the personal danger of the crime should be distinguished in the sentencing process. For those sentencing circumstances which reflect the social harmfulness of the crime, the Supreme People’s court shall, as far as possible, make more detailed sentencing opinions. For those sentencing circumstances which reflect personal danger of crime,judges need to be combined with the criminal’s consistent performance, the attitude of the crime after the crime, whether it has a criminal record and other factors. By combining those two together, we can solve the problem of the application of the crime of disrupting public affairs.