On The Discretionary Circumstances Of Sentencing Standardization

Discretionary sentencing plot as a sentencing plot,is derived from the specific case facts,and legal sentencing circumstances have identity,is the embodiment of the actor personal dangerous and harmful to the society,at the same time,the criminal cases of a direct impact on the judgement.At present,because our country criminal activity legislation has yet to make specific provisions on discretionary sentencing plot,no specific determine its scope and how to apply,in judicial practice not enough emphasis on discretionary sentencing plot,at the same time,in the concrete is also exposed many problems to be solved,make discretionary sentencing plot role can not be fully reflected,led to the "connection with different sentence" phenomenon occur frequently.Based on the concept and characteristics of discretionary sentencing plot as the breakthrough point,in the judicial practice to discuss the common discretionary sentencing plot,intended to emphasize the importance of discretionary sentencing plot in trial practice,at the same time,the current discretionary sentencing plot in the paper summarizes and analyzes the problems existing in the judicial application,to perfect our system of penalty discretion provide some opinions and Suggestions.This paper is divided into three parts:introduction,body and conclusion.The first part is mainly to analyze the concept and value of the appropriate sentencing plot.This section mainly Outlines the concept and characteristics of the sentencing plot,as well as the value of the appropriate sentencing plot.The second part is mainly to discuss the categories and applicable basic principles of the scale and application of the sentence.This paper puts forward the basic principles and requirements of the appropriate sentencing circumstances which are frequently encountered in the practice of judicial practice in China.The third part is mainly to analyze and summarize the main problems in our country's appropriate sentencing plot,and put forward the Suggestions for the standardization of the appropriate sentencing plot.Suggestions are put forward for the problems in legislative and judicial practice.