The Study On The Circumstances Of Sentencing

Under the background of the reform of sentencing standardization and the concept of penalty individualization,discretionary sentencing circumstances have become an important factor that has a profound impact on the sentencing of criminals,and also the reason why the masses call for different sentencing in the same case.It can be said that discretionary circumstances of sentencing bear the role of judicial justice and authority,and the protection of human rights.However,in judicial practice,due to its illegal nature and discretionary characteristics,discretionary circumstances give judges too much discretion,and there are a lot of unfair sentencing.The circumstances of discretionary sentencing are increasingly valued and studied by scholars and judicial personnel.The importance and particularity of the research object of this subject has unique research value in the new era.Based on the theory of discretionary circumstances,this paper mainly solves the problems of whether it is necessary to legalize discretionary circumstances,how to legalize,the scope of legalization and the standardization of judicial procedures.The basic framework of this paper is divided into three parts:The first part is the first chapter,that is,the part of raising questions.The author uses the method of comparative analysis to summarize the definition of discretionary sentencing circumstances by domestic scholars,and puts forward his own point of view combined with theoretical knowledge and practical experience.At the same time,it analyzes the form,scope and extension of discretionary sentencing plot,which is different from sentencing plot and statutory sentencing plot,laying a theoretical foundation for the improvement of discretionary sentencing plot.The second part is Chapter 2 and Chapter 3,that is,the analysis of problems.Based on the empirical investigation of 102 case sample data,the author analyzes the characteristics and laws of the legal and discretionary sentencing circumstances in all cases and the application of the specific discretionary sentencing circumstances.Combined with the empirical data,the author expounds the standardization problem,that is,the place where the judicial procedure of the discretionary sentencing circumstances is insufficient to identify and apply the discretionary circumstances Section system application issues,for the improvement of the system to lay the practical foundation.The third part is the fourth chapter,that is,the problem-solving part.This chapter is the focus of this paper,which has a clear-cut pertinence and suggestions.Based on the theoretical overview of the first part and the analysis of judicial practice in the second part,the author expounds the significance of the perfection of discretionary sentencing circumstances from two aspects of necessity and feasibility,outlines the specific contents of the legalization of discretionary sentencing circumstances at home and abroad,analyzes and compares them,and puts forward the principles of improving discretionary sentencing circumstances.Finally,from the substantive provisions,i.e.legalization and procedural regulation Two aspects of standardization put forward their own specific suggestions for improvement.