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Sentencing of Theft

Author: YuanXiaoYu
Tutor: RuanQiLin
School: China University of Political Science
Course: Criminal Law
Keywords: Discretionary circumstances Sentencing objective and subjective factors Report before sentencing Special precautions Individual Punishment Sentencing principles
CLC: D924.3
Type: Master's thesis
Year: 2011
Downloads: 207
Quote: 0
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Abstract


This article is divided into four chapters. The first chapter examines the sentencing practice of theft . Static level sentencing analysis that examine the legal theft plot and discretionary circumstances . Sentencing can be divided into two aspects of subjective factors and objective factors . The former reflects the behavior of social harm , the latter reflecting the perpetrator's dangerousness . Dynamic aspects of the sentencing analysis, mainly on how the objective and subjective factors in sentencing practice level swing. The second chapter analyzes the U.S. Sentencing theft . After the theft of legislation in the overview to a Case Perspective , analyze what factors have an important sentencing theft influence. Comparison with the previous country . The third chapter analyzes the reasons behind these differences , focusing on the different choices for the purpose of punishment start discussion . Penalties for different purposes , the impact of legislative and judicial sentencing principles for selection . Chapter draw useful insights on China . Theft of sentencing, the judicial interpretation of sentencing should be refined and incorporated into the criminal aspects of personal circumstances . Penalties should reflect the principles of sentencing individualized . At the same time this article on the current sentencing reform were thinking and make recommendations.

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CLC: > Political, legal > Legal > Chinese law > Criminal law > Sub-rule
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