Research On Difficulties In Calculation Of Term Of Imprisonment

The calculation of the term of sentence is a link in the discretion of the penalty and the basis of the execution of the penalty.From the macro perspective,it protects human rights,embodies the humanized feelings of the criminal law,and from the micro perspective,it is a protection system for the personal freedom of the criminal suspect.In the substantive criminal law of our country,the calculation of the sentence,the starting and ending date of the sentence,the commutation of the sentence and so on are only made the principle legal provisions,and do not form the complete legal system and the applicable rules,which leads to many disputes in the judicial practice on the calculation of the sentence,the commutation of the sentence and so on.Once in the process of the trial of penalty,there will be different views and opinions when there are complex situations such as commutation of sentence,discovery of omission after execution outside prison,and new crimes,which will lead to different trial results in similar cases.Therefore,only when the starting and ending date of the sentence is accurately determined,the system of commutation of the sentence is effectively applied,and the period of the sentence is correctly determined,can we not only protect the freedom and rights of the criminal,but also maintain the authority of the criminal trial and the seriousness of the law.The introduction part mainly expounds the research background,research significance,research background and research methods.The main body is divided into four chapters:The first chapter reviews the five cases of Liang's obstruction of public affairs,Wu's robbery,Wang's intentional injury,provocation,Wu's theft,intentional injury and Zhao's theft,points out the disputes and viewpoints in the theoretical circle,and sums up the focal points of different viewpoints.In the second chapter,taking a case of obstruction of public service in Liang as an example,the author discusses the starting and ending date of the sentence,points out the theory and practice of the problem of the starting and ending date of the sentence,determines the ending date of the sentence without custody before the execution of the judgment and the ending date of the sentence after the deduction,and puts forward the influence of different calculation units of the deduction on the calculation of the sentence.In the third chapter,taking the robbery case of Wu,the case of Wang,the case of Wu,the case of Zhao and the case of Wang as examples,the author points out the commutation of sentence after commutation,the commutation of sentence after retrial,the commutation of sentence during the period of execution out of prison and the commutation of the original commutation period after commutation Based on the analysis of the above four cases,the author points out the views supported by the author and expounds the reasons.The fourth chapter mainly describes how to improve the calculation system of China's sentence,including the relevant provisions of Italy,Germany,Japan and Taiwan.Then the author puts forward some ideas on how to improve the calculation system of the starting and ending date of the sentence and the system of the commutation of the sentence.