| Motivation can affect conviction and sentencing has become the basic consensus in the field of criminal law.On the one hand,specific motivation is the constituent elements of some crimes and thus affects conviction,on the other hand,motivation generally affects sentencing,or in the process of sentencing,motivation will usually consider the identification of crime responsibility,thus affecting the application of specific penalties.However,there are few people who study how motivation affects conviction and sentencing,which motivation can affect conviction and sentencing,how motivation affects conviction and sentencing,and how motivation affects conviction and sentencing in judicial practice.These are all written by the standardization of motivation as the circumstances of crime.Problems to be solved.In view of the important value of motivation in judicial operation,it is necessary to re-examine the position of motivation in criminal law.This paper is divided into five parts.Preface.This part first introduces the empirical research of motivation affecting conviction and sentencing;secondly,it introduces the background and significance of the topic,and then expounds the research status and development trend of the topic,and then introduces the research methods used in this paper,this paper mainly uses empirical research methods to analyze;finally,the sample selection and processing are explained.The second part is the analysis of judicial identification data of motivation affecting conviction and sentencing.First of all,through the analysis of the overall data of motivation influence conviction,this part introduces how motivation influence conviction is manifested in the criminal cases of Anhui Province from 2017 to 2019,analyzes the distribution of sample charges,the proportion of different subjects,the expression of rebuttal reasons in the judgment,and whether there is relevant evidence to support the data.Secondly,through the analysis of the overall data of motivation affecting sentencing,this paper statistics the various forms of motivation affecting sentencing in sample cases,and how motivation affects sentencing,and how motivation affects sentencing in the judgment.Reflect such data as the situation.The third part,combined with the data analysis of the second part,summarizes the problems existing in the judicial practice of the influence of motivation on sentencing.First,it analyzes the problems in conviction,starting from four angles,respectively,defining the role of crime is difficult to be paid attention to in the passive crime,the defendant’s motivation faces the dilemma of proof,there is no distinction between the criminal motivation and the criminal purpose,and the criminal motivation is ignored in the subjective crime cognizance.Secondly,it analyzes the problems existing in sentencing.The fourth part,from the motive influence conviction sentencing in the judicial practice dispute question,carries on the reflection and the summary,probes into the reason of the problem,summarizes the current reason which leads to the motive influence conviction sentencing,including the criminal law provision legislation performance is not unified,confused the motive and the purpose,our country "the circumstances" stipulation presents the vague general phenomenon;In the concrete judicial practice,the court judges can not grasp the concept of criminal motivation clearly and the judicial organs lack of attention to the influence of motivation conviction and sentencing.The fifth part,improve the motivation to affect the conviction and sentencing problems.In this part,according to the problems in the third part and the causes of the fourth part,some suggestions are put forward,such as: clearly grasp the concept of criminal motivation,make clear that criminal motivation is the selective element of criminal constitution,make clear the status of criminal motivation as the legal sentencing circumstances,strictly require the judgment to explain the motive part clearly and so on. |
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