Exploring The Judicial Application Of Discretionary Criminal Section

The concept of "re-statutory light and discretion" in criminal justice has a long history.However,not every case has a law of quantitative punishment,but there are generally discretionary quantitative circumstances.The importance of discretionary punishment in judicial practice cannot be ignored.At present,China’s criminal law does not clearly stipulate the discretionary penalty case.The application of the discretionary penalty section is mostly guided by normative documents such as judicial interpretation and sentencing opinions.This paper analyzes the judgments involving the discretionary quantitative punishment in the past four years,and sorts out the problems in the judicial application of the discretionary penalty section in China.In response to these problems,combined with relevant theories to put forward practical recommendations,in order to provide some reference for the standardization of sentencing work in China.This article is roughly divided into the following sections.The first part is the introduction.The second part is a case study,which gives a brief introduction to the basic case and trial results of three different types of cases,and uses this as an entry point to draw some attention when discussing the application of discretionary criminal cases.The third part is an overview of the relevant theories of the discretionary penalty plot,focusing on the concept and characteristics of the discretionary penalty plot and the applicable principles of the discretionary penalty plot.In the fourth part,the classification and statistics of the judgments involving discretionary criminal sentencing in the past four years are firstly made,which is intended to reflect the application of the discretionary penalty case in our trial practice.Secondly,combined with relevant practical cases,it sorts out and analyzes several major problems in the current judicial application,including the discretion of the status of the criminal sentiment is not squarely,the selection criteria of the discretionary penalty section are not uniform,and the preference of the judge leads to the imbalance of sentencing.In practice,the issue of co-opetition is handled in a chaotic manner,and the judge’s discretion has a large margin.The main reason is that the criminal legislation has a lack of discretionary provisions,the relevant sentencing procedures are not detailed enough,and the judgment levels of the judges are quite different.The fifth part puts forward some suggestions for the standardized application of discretionary criminal sentencing.The legislation should clarify the status and scope of the criminal sentiment,and further refine the sentencing procedure;the judicial can choose the guiding case,appropriately limit the discretion of the judge,and improve the judge’s judgment level.The regulation of the application of discretionary criminal sentiment from the two levels of legislation and justice can not only effectively restrict the excessive exercise of the discretion of judges,but also help improve judicial efficiency and achieve judicial justice.