Criminal Normalcy and Starting Point of Sentencing

According to the principle of combination and the Spot theory,the sentencing discretion shall firstly evaluate the punishment based on liability,and then consider the punishment aimed at prevention within the former range.The key for the discretion of punishment based on liability is to evaluate the extent of violation in a crime.Each type of crime has its normal circumstance;therefore,the evaluation for the extent of violation in actual cases shall take the normal circumstance of the same type of crime as reference standard.The judge cannot regard the normal circumstance of crime as a serious circumstance;and then adopt heavier punishment to it.On the contrary,the judge shall determine the starting point for sentencing according to the normal circumstance of crime.Since a crime with normal circumstance is usually a crime which is relatively minor,the starting point for sentencing discretion of such crime shall be cut down to the middle below range of legally-prescribed punishment,and even approximate to the minimum range of legally-prescribed punishment.