Sentencing For Research

The using of the circumstance is a significant problem in the discretion of punishment. It may say that the process of the using of the circumstance is the mainly part of the process of the discretion of punishment. The exact using of the circumstance not only concerns about the realization of the intention of the punishment, but also reflects the requirement of the principles of the humane punishment, individual punishment and the suitability of the crime, responsibility and punishment. These treatise wishes bring forward a new method on the using of the circumstance basic on the senior's research.The foreword of this treatise mainly concerns about the development and actuality of the theory of the using of the circumstance in our country. And the development of the theory of the using of the circumstance could be divided into three periods, the synthesized judgment period, the using of the benchmark period and the using of mathematics period. And briefly introduces the conception of the circumstance in the discretion of punishment, reviews the different influencing viewpoints in our country, and narrates our cognition on the conception of the circumstance.The first part of this treatise mainly illuminates the using of the legal circumstance. The legal circumstance is the mostly part in the circumstance and the foundation of correcting the legal punishment. In this part, the legal circumstance is classified into single-function circumstance, multi-function circumstance, authorized circumstance and ordered circumstance. Furthermore, in the research of the single-function circumstance, it be classified in detail, thoroughly illuminates the using of stricter punishment, lenient punishment, alleviative punishment and exempted punishment. And briefly narrates the using of multi-function circumstance, authorized circumstance and ordered circumstance.The second part of this treatise is mainly about the using of the considerable circumstance. First of all, introduces the different understanding of the conception of the considerable circumstance in our country. Secondly, primarily narrates thetheoretical and legal foundation of the using of the considerable circumstance. Thirdly, narrates the method of the using of the considerable circumstance. At last, narrates some hotspot questions about the considerable circumstance, such as the relationship between the society and the considerable circumstance, popular indignation, the efficacy of the legal circumstance and considerable circumstance.The third part of this treatise is mainly about the using of multi-circumstance. First of all, narrates the using of the same-tendency circumstance, and divide it into homogeneous same-tendency circumstance, heterogeneous same-tendency circumstance. Secondly, mainly narrates the using of the converse-circumstance, through analyzing some influencing methods in our country, such as the traditional method and the mathematics' method in the discretion of punishment. And bring forward a new method basic on inheriting the reasonable element of these viewpoints.