A Study Of The Influence Of The Guilty Attitude On Sentencing

The result of sentencing is often of decisive significance to the fate of the offender.However,it is the sentencing circumstances that have an important influence on the outcome of the sentencing.Inadvertent omissions or exclusion of the circumstances of the circumstances of the sentencing with discretionary power,or the confusion of the circumstances of the penalty imposed on the sentencing Dynamic influence will erode the fairness of sentencing results.The realization of penalty fairness depends on whether the sentencing process can properly reflect the defendant's behavioral connotation,responsibility ability,and post-crime attitude.The attitude of guilty guilty as the offender's perception of his or her thoughts in the words and deeds after committing a criminal act can clearly reflect the defendant's danger to society and the difficulty of reform.In judicial practice,guilty guilt attitudes are universally applied as discretionary punishment circumstances.The lack of systematic,refined and standardized normal assessment mechanisms in the applicationof guilty affair makes the judges have a greater degree in evaluating and applying guilty attitudes.There is a big difference in the processing results of similar cases resulting from discretion.At present,no matter whether it is a study of legislation,judicature or theory,the attitude of guilty pleas has not received enough attention to the problem of sentencing.This undoubtedly makes the attitude and attitude of guilty pleas in the evaluation and application of criminal sentencing have great uncertainty,and also results in sentencing time and space.Unbalanced.Therefore,this paper takes three cases as the research object,studies the situation of the court's application of the attitude of guilty guilt in criminal trials,understands the problems existing in the impact of guilty guilt attitudes through the analysis of the case sentencing,and then puts forward the perfect confession.Attitudes have implications for criminal sentencing.The article is divided into four parts and the structure is as follows:The first part is introduction.It mainly discusses the background and significance of the writing of this paper,systematically reviews the current academic research on the attitude of guilty guilt,and expounds the research methods ofthis article.The second part lists three typical cases and summarizes the similarities and differences in the recognition and application of the three cases concerning the attitude of guilty guilt,sums up the three controversial issues that identify and evaluate the attitude of guilty pleas in the case,and the first is the guilty attitude.Measure the standard issue;Second,the guilty attitude influences the basis for the penalty;the degree of influence of the guilty attitude on the sentencing.The third part is the legal analysis of these disputes focused on the identification and application of the trial process in the case.From the focus of the analysis of these disputes,the author summarizes the reasons why the guilty attitude has a significant difference in the effect of criminal sentencing.This paper analyzes the recognition of the attitude of guilty pleas in the process of sentencing and the differences in the application.Combined with the current application of the guilty and punishing levy system in the pilot areas,different criminal policies are proposed,and the effects of the attitude of guilty plea on sentencing have different effects.The fourth part is the conclusion and enlightenment of the case study,that is,through the legal analysis of the case,the conclusion of the focus problem is drawn.It also proposes the following suggestions: clarify the connotation of the sin attitude,that is,a reasonable definition of guilty attitude is good,generally guilty attitude and guilty attitude is not good;clarify the positive impact of the attitude of guilty conviction on sentencing and the negative impact and the degree of impact should be limited,and promote the results of the sentence It tends to be fair and reasonable,providing certain reference and reference for the reform of the standardization of sentencing and the reform of guilty confession and punishment.