Research On The Application Of Discretionary Sentencing Circumstances

With the development of the socialist market economy and the increase of the amount of individual savings,the crime rate of fund-raising fraud has also soared,which has attracted wide attention from all walks of life.In the process of the judge's judgment on the crime of fund-raising fraud,the public also questioned whether the application of discretionary sentencing circumstances in judicial practice destroyed the balance of sentencing.This question is mainly aimed at the judicial fairness of our country,and the public's doubt will even affect the judicial credibility of our country.In order to further explore the application of discretionary sentencing circumstances,especially in the trial of fund-raising fraud cases,this paper,on the basis of traditional legal theory research,takes 1888 fund-raising fraud cases from 2009 to 2019 as samples,supplemented by empirical data analysis and research,attempts to study the above issues.The sorting of data shows that the discretionary sentencing circumstances in the crime of fundraising fraud have been widely applied,and the overall trend is increasing year by year.Most of them apply to the same case and apply a variety of discretionary sentencing circumstances.The results of regression analysis show that the number of victims,accomplices play a small role,voluntary confession,victim's understanding,recovery of stolen assets and money not recovered six circumstances,to a great extent,decided the change of the sentence.It can be concluded that discretionary sentencing circumstances are applied confusingly and there is a risk of sentencing imbalance.Therefore,high court can be a trial of judicial interpretation norms,establish guidance of fund-raising fraud case,judge the implementation of the responsibility mechanism and strengthen the legal document sentencing reasoning,so as to reduce the discretionary circumstances in the crime of fraud of the fund-raising applicable process may produce the sentencing imbalance may,thus to realize the ultimate goal of impartial justice.