On The Sentencing When The Circumstances Of Strictness And Leniency Coexist

The sentencing circumstances are the key factors determining the defendant’s penalty.It will have more or less positive or negative impact on the defendant’s sentence.In the practice of criminal trials,there are often multiple sentencing episodes in a case.At present,when scholars coexist with the inverse vector penalty plot,how to choose the applicable statutory punishment is roughly summarized into the following viewpoints:estimation theory,offset theory,priority from the heavy plot,comprehensive judgment,and superior plot priority,etc.Judicial practice can be difficult if different sentencing methods can result in different sentencing results.By comparing and analyzing the differences between several sentencing methods,the specific interpretation of the dominant sentiment priority method is a more objective and scientific method of sentencing that should be adopted when strictness and coexistence.The dominant case priority method shall comply with certain applicable principles when applied specifically.Applicable principles should be adhered to when the circumstances of the case and the extracurricular plot,the type of plot and the plot,the statutory plot and the discretionary plot,the exemption plot and the mitigating plot coexist.In the sentencing,we must not only consider all the criminal facts of the case,but also comprehensively consider the sentencing circumstances of the whole case,determine the proportion of each sentencing penalty to the penalty,and finally determine the application of the penalty.Finally,some suggestions for regulating the sentencing work in judicial practice will be put forward.For example,the Supreme People’s Court should regularly publish criminal typical cases to have the same effect as judicial interpretation,increase the operability of abstract laws and regulations,and prevent judges from expanding discretion.Establishing a set of discretionary procedures throughout the country,adding specific sentencing standards to the provisions of the criminal law,legitimizing some discretionary plots,legislating the sentencing circumstances of certain crimes accordingto their importance,and listing The corresponding level and level of punishment;in the judgment,the order of application of the sentencing circumstances,and which plots are determined as the dominant circumstances should be explained,the choice of the dominant circumstances,the comparative application and even the final application results should be reflected in the judgment.