The Identification Of Penalty Discretion In Sentencing Plot

It is invalid that related to sentencing trial opinion and the detailed rules for the implementation trying to refine the relationship between crimes and to strengthen the punishment of computability and narrow the discretion of the way to solve the existing in the judicial practice of sentencing utilitarian,generalization,sentencing field expansion and improper punishment and uneven issue.Sentencing plot belongs to penalty discretion in the process of standardized components,need to be the judges of the specification and evaluation of value judgment,with a fair degree of autonomy and purpose.Specification identification of sentencing circumstances,need to clear the basis of system identification of sentencing plot,clear judgments sentencing plot steps,the identification of sentencing plot the subjective value judgment part objective.Identification of sentencing plot basis including the responsibility of the perpetrators and prevent the necessity of the criminal policy,the recovery of damages and the relationship between the parties,and humanitarian.Identify sentencing plot steps are divided into three steps.First the relevance judgment,will be related to the case of reason,on the basis of correlation with the identification of sentencing plot,exclude and punishment on irrelevant or relevance a weak basis;Followed by the number of discrimination,by logical reasoning into differentiated sentencing concerns the relationship between the main content of the plot,to quantify and segmentation;Finally the functional distinction,quantitative analysis have to identify the function of each plot,distinguish between influence the responsible punishment plot,affect prevention punishment plot and other circumstances.