Study On Legalization Of Discretionary Circumstances Of Sentencing

The statutory of Discretionary circumstances to sentencing refers to a process bring All kinds of discretionary circumstances of sentencing into the criminal law according to the certain legislative technologies. This process will make Discretionary circumstances in sentencing has a clear legal basis.those circumstances are clearly recognized by the theoretical circle and judicial practice and Reflect the social harmfulness of the behavior and the person danger of criminal due to lacking of clear and specific provisions of law about the application of Discretionary circumstances in sentencing,its application are depend on judge’s decide; so it can not fully play its role.This paper will discuss the legalization of discretionary circumstances of sentencing in combined with some of my own thinking, so as to provide the suggestion about discretionary circumstances of sentencing legal reference. This paper is divided into three parts:introduction, text and conclusion, and the text is divided into three chapters.The first chapter is a summary about the discretionary circumstances of sentencing 。 This chapter is divided into two sections, The first section is a sums up and analyses to the connotations of the discretionary circumstances of sentencing from academics.Aiming to put forward my own understanding of the connotation of the discretionary circumstances of sentencing and analyzes the characteristics of the discretionary circumstances of sentencing. The second section is the detailed discusses about whether the discretionary circumstances of sentencing has issues of statutory property, so we get the standards of the legalization of discretionary circumstances of sentencing, lead us to the key of this paper.The second chapter mainly studies the rationality analysis of present situation of legalization of discretionary circumstances of sentencing and the existence of the. This chapter is divided into three sections. The first section through the study of discretionary circumstances of sentencing in our criminal legislation and judicial problems, that should be the statutory sentencing discretion; the second section mainly analyzes the theory foundation of legalization of discretionary circumstances of sentencing and realistic foundation. Then explained the current legalization of discretionary circumstances of sentencing has certain conditions; The third chapter is a discussion about the hot and controversial issues based on the previous theory. Including:criminal policy, public’s anger, social situation and advanced fine. Basing on the reasonable analysis so we presented our own views.The third chapter discusses the realization of legalization of discretionary circumstances of sentencing. Is divided into two sections, the first section combined with the previous discussion and boldly put forward the path choice of legalization of discretionary circumstances of sentencing. The second section according to the selected mode of the specific needs of legalization of discretionary circumstances of sentencing is summarized, which is a complete implementation of the discretionary circumstances of sentencing statutory.