Research On Sentencing Circumstances Of Property Crimes From The Perspective Of Responsibilit

Correcting the imbalance of sentencing and achieving fairness in sentencing is of great significance to sentencing activities.In recent years,the phenomenon of unbalanced sentencing in my country’s judicial practice has frequently occurred,which has aroused widespread concern in the society.The problems in the setting and application of sentencing circumstances,which play an important role in regulating sentencing,are also increasingly prominent.The current "Criminal Law" and related judicial interpretations stipulate more statutory and discretionary sentencing circumstances,and the "Guiding Opinions on Sentencing for Common Crimes(Trial)" also clarifies the applicable rules for sentencing circumstances.However,from the current practice,there are still many problems exposed.The reason is that criminal legislation and judiciary ignore the restriction of responsibility on sentencing and lack the concept of separating responsibility and prevention.Although the sentencing rules established by standardized sentencing methods refine and quantify the sentencing circumstances,they still cannot properly handle the problem of repeated evaluation and the conflict between punishment and crime prevention because they do not distinguish the type and nature of the sentencing circumstances.It is easy to cause the penalty to overflow and lead to the imbalance of sentencing.The above problems are more obvious in the sentencing practice of crime of infringement of property.In the current sentencing practice for crimes against property,there are obvious problems such as generalization of sentencing circumstances,repeated evaluation of circumstances,and utilitarian identification of sentencing circumstances,which lead to deviations in sentencing.Responsibility is the basis of sentencing,and the limit of punishment imposed on offenders must be in line with the degree of responsibility.The above-mentioned chaos in the setting and application of the sentencing circumstances for crimes against property stems from the inaccurate grasp of the connotation of responsibility in sentencing and the lack of the theory of sentencing based on responsibility.The criminal responsibility in our country’s criminal law and the responsibility in the civil law system are different concepts.Under the current criminal law system of our country,criminal responsibility is only used as a bridge between the theory of crime and the theory of punishment,and has no substantive content,and cannot play the role of guiding sentencing and guiding judicial practice.Therefore,it is necessary to introduce responsibility doctrine based on the theory of responsibility as a sentencing guide,and conduct a comprehensive review of the setting and application of sentencing circumstances for crimes against property,so as to clarify the root cause of the current imbalance in sentencing for crimes against property.The thesis mainly uses case analysis method,value analysis method,logic analysis method and other methods to carry out research,and is divided into the following four chapters.The first chapter,the relationship between responsibilityism and sentencing.From the theoretical introduction of responsibilityism and the relationship between responsibilityism and sentencing,it confirms the function and value of responsibilityism in sentencing,and clarifies the general rules of responsibilityism to guide the sentencing of the next crime.The second chapter is about the problems and reasons in the setting and application of the sentencing circumstances for crime of infringing property.Inductive argumentation and reason analysis are made on the setting of sentencing circumstances for crime of infringing property and the problems existing in judicial application.The third chapter is the premise of incorporating responsibility doctrine into the setting and application of the sentencing circumstances for crimes against property.Evidence of the necessity,feasibility and rationality of the application of responsibility doctrine into the sentencing circumstances of crimes against property.The fourth chapter is the setting and application of the sentencing circumstances for crime of infringing property under the guidance of responsibility doctrine.Under the guidance of responsibility doctrine,the setting and application of sentencing circumstances for crimes against property should be improved as follows:First,following the general idea of limiting punishment for liability and punishment,the circumstances for sentencing are divided into circumstances for liability punishment and circumstances for prevention punishment,and the classification of sentencing circumstances applies..Second,combined with judicial practice,a fine prepayment system is established under the leniency system for plea guilty and guilty,and the circumstance of paying fines on behalf of close relatives is identified as the circumstance of execution.Third,in the application of sentencing circumstances,emphasis is placed on the quantitative identification of sentencing circumstances,excluding some circumstances of regretting the crime as the cause of the crime and handling it according to the conviction and exemption from punishment.Fourth,strictly abide by the principle of prohibiting repeated evaluations,distinguish between the starting amount of sentencing and the amount of benchmark penalty increase,and limit heavier punishment when a previous crime is evaluated as a conviction and a recidivism is established at the same time.