Standardization Of Sentencing For Compulsory Molestation Crimes

In today's society,criminal acts of compulsory indecency occur frequently.Because this crime often causes extremely bad social impact,but due to the limitation of the statutory penalty for this crime,the penalty imposed by the court is lower than the public's expectation,thus forming an emotional tear between social sentiment and the court's judgment.In order to increase the penalties for compulsory indecent crimes,the legislature has twice revised Article 237 of the 1997 Criminal Law.Then,after the amendment,what are the problems with the sentencing of compulsory indecent indecent crimes in our courts?What kind of response does legislation need to make to this? Based on the above two questions,the article attempts to answer through the analysis of the Guangzhou court's judgments on compulsory indecent crimes from 2017 to 2020.Guangzhou is an international super city.Sexual crimes and economic crimes are evolving at a faster rate.The judicial organs need to continuously identify and evaluate new criminal acts in accordance with the existing legal provisions,and carry out sentences for crimes based on the principle of commensurate crimes,responsibilities and punishments.In practice,the sentencing of compulsory indecent indecent crimes is affected by different factors.Complicated cases and large public opinion make the application of various aggravating and lenient scenarios become inconsistent,leading to problems in the standardization of sentencing for such crimes.The concrete realization is that the sentencing is not balanced or the sentencing is too light,which makes the criminal law unable to perform its due disciplinary function.In order to study which factors in the crime of compulsory indecency have the most significant impact on sentencing,the article collected the effective judgments of the Guangzhou City Court from 2017 to 2020,and selected more than ten influencing factors,such as the victim's forgiveness,gathering for indecency,the occupation of the defendant,and the defendant Age,etc.,with the help of SPSS software,these influencing factors are used as independent variables,and the penalty time is used as dependent variables.Detailed statistics and analysis are carried out.Finally,it is concluded whether the crowd is indecently,whether the victim is forgiven,and whether repeated indecision is to influence the judge ' s sentencing decision.The most important factor.Later,after reading and comparing related cases containing these three types of factors,we found several reasons that led to irregular sentencing.They are: whether the application of aggregating indecent and aggravating punishment applies to all persons or only to the initiator of the gathering.Applicable to leaders;multiple indecent circumstances are identified as statutory aggravated circumstances,"other bad circumstances",whether the defendant's personal danger should be considered comprehensively;when the victim understanding system is applied,there are inconsistencies and irregularities in the range of tolerance;most judgments against the defendant Whether people use compulsory indecency to aggravate the plot is weaker.Finally,in the recommendations and prospects,it is proposed that the standards for the sentencing of the sentence should be improved,the standard of the sentence should be improved,the range of lenient should be unified,the way of obtaining understanding should be more diversified,and other bad circumstances should be reasonably determined.