Research On The Application Of Discretionary Sentencing Circumstances

Discretionary sentencing circumstances is different from the statutory sentencing by the provisions of the criminal law to be clearly identified, discretionary sentencing circumstances reflect the behavior of social harm and the person's personal risk, in our criminal law to be general provisions in the discretion of the discretionary All kinds of facts. The provisions of the provisions of the law is very limited, and the actual life contains a large number of facts affect the sentencing, discretionary sentencing circumstances to make up for the lack of legal provisions of the important facts of the impact of sentencing. However,the discretionary sentencing circumstances,the specific application of methods, functions and so on have not been clearly fixed by the law, in the specific case of discretion, given the judge too much discretion, relying on the judge's legal quality and experience, and The quality of the judges of the uneven, resulting in the results of the referee in different areas of the results of the case under the obvious case of different judgments, seriously affected the justice of justice, is not conducive to establish the judicial authority and the rule of law society.This article mainly discusses the application of discretionary sentencing plot in China's judicial practice.In the introduction, the author briefly introduces the lack of research on the discretionary sentencing plot in our country. Although there are some problems in the application of criminal law, there is little research on the application of discretionary sentencing episode. Compared with the conviction, the sentencing is the weak field of criminal law research in China, and the study of how to apply the sentencing situation,the study of the statutory sentencing plot is more than the discretion of the sentencing circumstances. It is helpful to deepen the understanding of the realization of the basic principles of criminal law; it is helpful to deepen the understanding of the basic principles of criminal law; it is helpful to deepen the understanding of the basic principles of criminal law; Help to deepen the grasp of what is social harm, what is the personal risk, to ensure the correct application of criminal law and punishment; help and the rest of the world.The text is divided into four parts.The first part attempts to provide a little idea for the rational application of discretionary sentencing circumstances. It introduces the discretionary sentencing episode, the scope definition and the related concept, and the applicable principle of the sentencing plot in the traditional way from the concept and characteristics of the sentencing plot And so on the discretionary sentencing circumstances of the basic theory.The second part chooses from the micro level to examine the typical judicial cases that have occurred in recent years, to identify the forms of the sentencing episode in the case and how to apply them, to elaborate and discuss the scope of the sentencing episode in these cases and how the judges are aimed at different Discretionary sentencing circumstances to apply, and assess the case of discretionary sentencing circumstances apply to the shortcomings.In the third part, on the basis of the above theory and practice, it is concluded that the inadequacy of the sentencing episode in the criminal justice system of our country is mainly lack of normative, insufficient attention and arbitrary application. The result is inconsistent. Then, The paper puts forward the extravagance system and the enlightenment of the application of discretionary sentencing to the judicial application.The author puts forward some suggestions on how to improve the standard of sentencing in China, and to improve the case system of Chinese characteristics. It is designed to set up an independent sentencing procedure. This paper introduces the above points in detail and analyzes the above points The merits and deficiencies. In the discretionary sentencing circumstances applicable to the extraterritorial system and the enlightenment part, respectively, introduced the German and British judicial practice discretionary sentencing points and the improvement of our discretion to apply the sentencing of the revelation. The United Kingdom as a case law country for the application of sentencing circumstances to develop a series of sentencing guidelines, intended to guide, regulate and remind the judge the importance of sentencing; British courts in the sentencing,consider some of the column factors, such as: criminals consistent Performance, etc.;British courts in the trial of criminal cases, in addition to security courts, there are special sentencing procedures.In the fourth part, on the basis of the above-mentioned academic view and extraterritorial experience, this paper puts forward the measures that can be taken specifically in the application of criminal justice in China: the scope of discretionary sentencing circumstances, The application of norms, the establishment of criminal precedent guidance system, strict implementation of the judge responsibility system. One of the more realistic measures is to establish a criminal precedent guidance system,because the current Supreme People's Court issued a mandatory case every year, has been more complete, and the Supreme People's Court also has a specific case for the sentencing case, on the basis of this can be improved. The prerequisite for the implementation of the system of judges should be how the church judges apply discretionary sentencing circumstances, the discretionary sentencing circumstances apply the necessary procedural safeguards.The last part of the conclusion,once again stressed the discretion of sentencing in China's criminal justice practice in the existing problems, and to fill the discretion of the study of the importance of the blanket, to solve the judicial practice of discretionary sentencing circumstances facing the urgency of the problem.