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Study on the Discretioary Mitigated Punishment

Author: ZhangWanShun
Tutor: ZhangYongHong
School: Xiangtan University
Course: Criminal Law
Keywords: Extenuating punishment The principle of legality Criminal Discretion The special circumstances of the case
CLC: D924.13
Type: Master's thesis
Year: 2008
Downloads: 169
Quote: 0
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Abstract


Extenuating as part of the sentencing system is relatively statutory alleviate. In theory, there are discretionary (feeling) to reduce discretionary (sentence) reduced special (be) special reduced, extrajudicial relief, exceptional alleviate title. Many titles, we tend to use \In 79 of China's Criminal Law and Criminal Law 97, extenuating has been stipulated by Article 59, paragraph 2, and 63, paragraph 2. To be a more accurate description of the concept of \As a sentencing system in favor of the defendant, extenuating the the light punishment mechanism \Extenuating is not unique for the new mainland China, but widely used for the country or region of the world. China's current criminal legislation, the phenomenon of over-Li objective existence, coupled with poor mechanism of sin, to achieve individual justice, should give full play to the extenuating \China's criminal law the extenuating provisions contrary to the principle of legality, fit them in accordance with the law applicable to the spirit and temper justice with mercy criminal policy. 97 paragraph 2 of Article 63 of the Penal Code states: \The words, \be eliminated. The special circumstances of the case \, the special circumstances of the case \From the Legislation of the Supreme People's Court approved the program requirements are too strict, has brought many problems, should be applicable the extenuating decision decentralized to the level of people's court or the judicial committee of the Higher People's Court to exercise. Explained on the theory Legislation of extenuating \

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CLC: > Political, legal > Legal > Chinese law > Criminal law > General Provisions > The use of penalty
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