On Sentencing Basis ——Interpretation About Article 61 of Criminal Law
YE Xiao-qin
Abstract
YE Xiao-qin
Abstract
Article 61 of Criminal Law provides the sentencing basis.But its ambiguity made much room for free right of sentencing.Only when we interpret Article 61 word by word and define the meaning of the facts,nature and the cricumstances of the crime, the degree of harm done to society on the basis of contents of conviction,can we diminish imparity in sentencing.
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Article 61 of Criminal Law provides the sentencing basis.But its ambiguity made much room for free right of sentencing.Only when we interpret Article 61 word by word and define the meaning of the facts,nature and the cricumstances of the crime, the degree of harm done to society on the basis of contents of conviction,can we diminish imparity in sentencing.
Key concepts: Conviction, Ambiguity, Interpretation (philosophy), Criminal law, Harm, Meaning (existential), Basis (linear algebra), Law