Abstract: discretionary mitigated punishment for promoting system of justice and rationalize sentencing positive significance. Due to the current legislation applicable condition is not clear, procedure strictly limit factors, this system for the actual rate is extremely low. In order to avoid the legislative idle phenomenon, maximize discretionary mitigated punishment system function, should revise further perfecting the legislation of cases, the scope of "special case" shall be defined, and change the discretionary mitigated punishment decision are approved by the provisions of the supreme people's court, At the same time, should perfect and perfect relevant sentencing procedures and sentencing system, promoting the standardization of the sentencing.
China's present criminal law 63 the 2nd regulation for discretionary mitigated punishment system, which has no legal relief for the offender, the judge according to the circumstances of the case, in special cases can be given criminal punishment sentencing below the legally. This system is called the special relief system. China's criminal law sets a mitigated punishment system for discretion to promote the rationalization of impartiality and sentencing positive significance. However, this system also some scholars, think it exists for the expansion of discretion, contrary to the principle of legality, At the same time, because the irrational legislation and related reasons such as imperfect system, this system is not ideal, even long in the void. Therefore, the current discretionary mitigated punishment system review and reflection and seek further improvement is necessary.
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Abstract: The discretionary sentencing mitigation system for the promotion of fairness and the rationalization of positive significance. As the current legislative provisions of the applicable conditions are not clear enough, the program too restrictive and other factors, the practical application of this system is negligible. In order to avoid the phenomenon of the legislative idle, to maximize the usefulness of the discretion to reduce penalty system should be further revise and improve the existing legislation, cases of "exceptional circumstances" scope should be clearly defined, and change at the discretion of mitigating punishment of all decisions approved by the Supreme People's Court requirements; the same time, should improve and perfect the relevant sentencing procedures and sentencing system, and promote the standardization of sentencing.
China's current Criminal Code Article 63, paragraph 2, of the discretion to reduce penalty system, which does not have the statutory mitigating circumstances for the offender, the special circumstances of the case the judge can impose penalties under Legal Sentence sentencing system. This system is also known as the special mitigation system. China's Criminal Law is set at the discretion to reduce penalty system for the promotion of the fairness of sentencing and rationalization of positive significance. However, this system has also been criticized by some scholars that it exists to expand the discretion of judges, contrary to the principle of legality is suspected; same time, because the legislative design is not entirely reasonable, relevant supporting systems are not sound enough and other reasons, the application of the system effects of not ideal, or even a long time in a virtual home state. Therefore, the existing penalty system to reduce the discretion of reflection and review and seek to further improve necessary.
Discretionary sentencing mitigation system for the promotion of fairness and the rationalization of positive significance. As the current legislative provisions of the applicable conditions are not clear enough, the program too restrictive and other factors, the practical application of this system is negligible. In order to avoid the phenomenon of the legislative idle, to maximize the usefulness of the discretion to reduce penalty system should be further revise and improve the existing legislation, cases of "exceptional circumstances" scope should be clearly defined, and change at the discretion of mitigating punishment of all decisions approved by the Supreme People's Court requirements; the same time, should improve and perfect the relevant sentencing procedures and sentencing system, and promote the standardization of sentencing.
China's current Criminal Code Article 63, paragraph 2, of the discretion to reduce penalty system, which does not have the statutory mitigating circumstances for the offender, the special circumstances of the case the judge can impose penalties under Legal Sentence sentencing system. This system is also known as the special mitigation system. China's Criminal Law is set at the discretion to reduce penalty system for the promotion of the fairness of sentencing and rationalization of positive significance. However, this system has also been criticized by some scholars that it exists to expand the discretion of judges, contrary to the principle of legality is suspected; same time, because the legislative design is not entirely reasonable, relevant supporting systems are not sound enough and other reasons,
The application of the system the result is not satisfactory, or even a long time in a virtual home state. Therefore, the existing penalty system to reduce the discretion of reflection and review and seek to further improve necessary.
Discretionary sentencing mitigation system for the promotion of fairness and the rationalization of positive significance. As the current legislative provisions of the applicable conditions are not clear enough, the program too restrictive and other factors, the practical application of this system is negligible. In order to avoid the phenomenon of the legislative idle, to maximize the usefulness of the discretion to reduce penalty system should be further revise and improve the existing legislation, cases of "exceptional circumstances" scope should be clearly defined, and change at the discretion of mitigating punishment of all decisions approved by the Supreme People's Court requirements; the same time, should improve and perfect the relevant sentencing procedures and sentencing system, and promote the standardization of sentencing.
China's current Criminal Code Article 63, paragraph 2, of the discretion to reduce penalty system, which does not have the statutory mitigating circumstances for the offender, the special circumstances of the case the judge can impose penalties under Legal Sentence sentencing system. This system is also known as the special mitigation system. China's Criminal Law is set at the discretion to reduce penalty system for the promotion of the fairness of sentencing and rationalization of positive significance. However, this system has also been criticized by some scholars that it exists to expand the discretion of judges, contrary to the principle of legality is suspected; same time, because the legislative design is not entirely reasonable, relevant supporting systems are not sound enough and other reasons,
The application of the system the result is not satisfactory, or even a long time in a virtual home state. Therefore, the existing penalty system to reduce the discretion of reflection and review and seek to further improve necessary. 我用软件翻译的 应该说全对哟
Abstract: discretionary mitigated punishment for promoting system of justice and rationalize sentencing positive significance. Due to the current legislation applicable condition is not clear, procedure strictly limit factors, this system for the actual rate is extremely low. In order to avoid the legislative idle phenomenon, maximize discretionary mitigated punishment system function, should revise further perfecting the legislation of cases, the scope of "special case" shall be defined, and change the discretionary mitigated punishment decision are approved by the provisions of the supreme people's court, At the same time, should perfect and perfect relevant sentencing procedures and sentencing system, promoting the standardization of the sentencing.
China's present criminal law 63 the 2nd regulation for discretionary mitigated punishment system, which has no legal relief for the offender, the judge according to the circumstances of the case, in special cases can be given criminal punishment sentencing below the legally. This system is called the special relief system. China's criminal law sets a mitigated punishment system for discretion to promote the rationalization of impartiality and sentencing positive significance. However, this system also some scholars, think it exists for the expansion of discretion, contrary to the principle of legality, At the same time, because the irrational legislation and related reasons such as imperfect system, this system is not ideal, even long in the void. Therefore, the current discretionary mitigated punishment system review and reflection and seek further improvement is necessary.
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