Thinking of Constructing Centencing Substantive Rules under the Sentencing Supervision Perspective
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    Abstract:

    The sentencing substantive rule is a ruler to measure whether the sentencing is justice. It is the key to ensure sentencing justice and strengthen supervision that the judge and attorney sum up the experiences of sentencing,refine the sentencing thinking steps to construct the sentencing substantive rule. The sentencing basis is called ‘the scale of the ruler’,which is the sentencing parameter corresponding to a common shape of the count,resides in the foundation status in the discretion of sentencing substantive rule. Choosing the sentencing circumstances from the whole crime fact,classifying and determining the sentencing circumstances efforts,then adjusting the penalty are the core content of the sentencing substantive rules. The trend of constructing sentencing substantive rules is summing up the case sentencing experience with the method of statistics to collect typed inductive data,which has great feasibility undoubtedly by means of collecting guidance cases channels.

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娄永涛,姚娇.量刑监督视域下量刑实体规则构建研究[J].重庆大学学报社会科学版,2013,19(6):120~124

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  • Online: November 29,2013
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