A Study On The Sentencing Of ZhangXianZhong’s Silver Series Case

Beccaria In his book On Crime and Punishment,Beccaria mentioned that "the purpose of punishment is neither to torture a perception nor to eliminate the crimes committed,but to prevent criminals from re-infringing citizens and to warn others not to repeat the same mistakes.Therefore,the way of punishment and execution of punishment should be carefully deliberated.In accordance with the requirements of the socialist harmonious society,the implementation of the criminal justice policy of tempering justice with mercy requires the organic unity of the legal and social effects of criminal case handling activities.How to balance the relationship between legal effect and social effect is a problem to be solved.In 2016,the Pengshan People’s Court of Meishan City accepted more than 20 cases involving the theft of ancient cultural sites and the sale of cultural relics by more than 50 defendants.The site is the site where Zhang Xianzhong sunk silver.Many of the cultural relics recovered are first-class national relics.The social concern of the case is very high.In sentencing,the court takes full account of the background of the case,the particularity of the case itself,and the attitude of the defendant after the case,and seeks the most appropriate penalty between the legal provisions and social reasoning in order to achieve good penalty purposes.After the trial of a series of cases,except for three defendants who refused to appeal,the rest of the defendants all served interest sentences.The social response was generally good.The sentencing results to a large extent satisfied the organic unity of legal and social effects.This paper tries to summarize,analyze and think about the determination of sentencing circumstances and other factors affecting sentencing in a series of cases.The paper is divided into four parts.The first part is the introduction,explaining the motivation and purpose of selecting this series of cases to write papers,as well as the literature review of penalties,The second part is the facts of the case.Select representative cases in a series of cases to discuss the identification and treatment of disputed quantitative criminal facts.The third part is the process of determining penalty.The fourth part is the thinking of sentencing caused by the trial of a series of cases.