A Study On The Leniency Of Return Of Stolen Property And Compensatio

With the construction of a country ruled by law,the country pays more and more attention to property rights and personal rights.The sentencing circumstances of returning illegal gains and compensations evolved from judicial rules to discretionary sentencing circumstances.And then,the sentencing circumstances evolved from discretionary sentencing circumstances to statutory sentencing circumstances.The evolution of return of illegal gains and compensations shows the importance of the sentencing circumstances in recovering financial losses,saving judicial resources and maintaining social stability.The paper starts from four aspects.Firstly,to define the return of illegal gains and compensations.Studying the evolution of the circumstance in China.And then clarifying the normative interpretation of the return of illegal gains and compensations.Secondly,the chapter studys the application of the sentencing circumstances in the the crime of illegally absorbing public deposits.In fact,the sentencing circumstances is frequently used,but the actual effect is not good.The proportion of the amount which returned in the total amount of investment is low.The amount which returned has little influence on sentencing.Extent of leniency is not clear.Even in some cases,the penalty with the sentencing circumstance are heavier than those without the sentencing circumstance.The standards of applying the sentencing circumstance are not uniform in joint crime.Thirdly,the chapter discusses the justification basis of the sentencing circumstance.The sentencing circumstance fits with the principle of sentencing,which consistents with the concept of preventive penalty.The basic criterion for sentencing is the compatibility of responsible and preventive penalty.And the sentencing circumstance can recover legal interest,whose penalty should be reduced even in some cases evaluated as decriminalization.Finally,we propose the improvement path of legalizing the sentencing circumstance.The first is to continue the legislative model of statutory sentencing circumstances,to be clearly stipulated in the general provisions.And change the current situation in some crimes.Refine the application standard and the application stage.When suspects return illegal gains and compensations before being prosecuted by the state,they may be given a lighter or mitigated punishment.The suspects should not only return the illegal gains and compensations,but also reduce the occurrence of harmful results.Only after the above conditions have been met,the suspects may be given a lesser punishment or a mitigated punishment or be exempted from punishment.Balance the sponsibility between the joint crime and adhere to the“independent”point of view.There are many agents in the the crime of illegally absorbing public deposits,only if they refund the royalties and commissions,then may be given a lighter punishment.The sentencing circumstances that can reflect the necessity of prevention and repair the social relations,should increase the strength of lenient punishment after reasonable argumentation.