2010•Journal of Guizhou Police Officer Vocational CollegeRequires access
Study on Legalization of Discretionary Circumstances of Sentencing
Ling Xu
Open publisher page 0 citations
Abstract
The discretionary circumstances of sentencing means when the judge takes the measurement of penalty,he should take the subjective and objective facts into consideration,which can reflect the actor's personal risks and social harmfulness.The illegalization of discretionary circumstances of sentencing not only violates the primary principles of Criminal Law,but also leads to the judge's abuse of discretion and other problems.On the basis of the requirements of the doctrine of a legally prescribed punishment for crime and penalty and the general meaning of the discretionary circumstances of sentencing,it is necessary to amend the Article 63 and Article 63 of Criminal Law.