The Balance Between Crime And Punishment In The Practice Of Embezzlement Through The Perspective Of Empirical Research

This article from the perspective of empirical research, with the aid of SPSSsoftware(social science statistical software), combined with the detailed rules for theimplementation of the sentencing standardization, through statistics and analysis ofthe determined case, the practice of crimes of embezzlement equilibrium degree. Andthen to the large difference of cases, summarized the case, analysis the main factorthat leads to crimes imbalances. Finally, from the Angle of improve the equilibriumdegree of the offense, for specific unbalance factor, tentative countermeasures are putforward.The first part, the database, statistics and analysis. This section first introducesthe source of embezzlement cases in the database, and the quality of the case itself forthe influence of the empirical research conclusion. Second, in the database ofembezzlement case to a general statistics and description. The author according to thesentence type, type of misappropriating behavior, the types of declaration ofpunishment, whether appropriate amount, probation, unit type, the seven aspects, thedefendant position type classified statistics of the retrieved case. Then the paperanalyzed the statistical data, describe the current embezzlement crime in the judicialpractice operation characteristics, and the initial degree of the balance between crimeand punishment.The second part, the sentencing plot correlation test. This part mainly study theembezzlement of all statutory and discretionary sentencing plot in practice whetheraffect the magnitude of the declaration of punishment. Sentencing plot play a role inpractice is directly related to the degree of punishment of the realization of theequilibrium level. Through the correlation analysis of empirical research methods, onthe one hand, we can compare the practice the sentencing plot influence on declaringthe punishment; On the other hand, due to different circumstances to declarepunishment influence size is different, we can prioritize, its crimes can balance testpart of the basis for quantitative sentencing plot assignment.The third part, the principle of balance test. This section first need to assign avalue to quantify the sentencing plot, the relevant provisions of the sentencing standardization for various legal, discretionary sentencing plot to distinguish theassignment. You need the construction of crime quantity calculation formula, thebenchmark punishment and sentencing operations of the percentage of the integral,thus the case all the criminal facts into a specific value. Finally the numerical andpunishment numerical comparison, testing the overall crimes of embezzlementequilibrium degree. At the same time, from the concrete case, the case of extremeimbalance between concrete and different sentence connection with the case analysis,to describe the case of crimes from imbalance of judicial cases.The fourth part, the analysis of the causes of crimes imbalances. This sectionthat crimes caused by imbalance is the outcome of combined action of the legislativeand judicial reasons. As discretion on the basis of the criminal law in legislation,standards and rules of sentencing specification of imperfect is the important causeleading to the whole sentence partial light. In terms of justice, led to the production oflarge Numbers of crimes disequilibrium judgment direct the reason is that the judgediscretion, willfully and arbitrary discretion results produced is the result of jointaction of many factors, including judicial documents to avoid the low degree ofpublic sentencing reasoning, the written judgment, sentencing plot application ofbroad.The fifth part, the equilibrium path selection of the crime and punishment. Forthis section lead to two main factors to the imbalance of the crimes, the legislativefactor and the judicial factor, take "perfect legislation and sentencing rules" and"supporting the implementation of sentencing standardization","building a caseguidance system" is complementary measures, to reasons things out the argument ofrelated system construction, recommending method, hope to improve theembezzlement crimes driven balanced degree.