The most feasible access to measuring penalty includes three steps: confirming basic punishment, confirming the circumstances of sentencing and modifying the basic punishment.
刑罚裁量应当按照"确定基本刑———确定量刑情节轻重———修正基本刑"的路径进行。
Based on the elaboration of the concept, characteristics, functions and classification of the circumstances of sentencing, and according to the convention of judicial practice, the paper studies several problems relavant to the circumstances of sentencing through examples of relavant cases and by reference to some academic points of .
量刑均衡是司法公正的重要标志,适用量刑情节不一致的现象严重影响了量刑均衡目标的实现。
Legislation on the application of assemblage of circumstances of sentencing is still a blank, and at the same time we have many problems in the judicial practice.
量刑情节的竞合在刑事审判实践中经常遇到,是刑罚裁量的难点问题之一。
Conception of Perfecting Sentencing Circumstances of Applicable Criminal Law in China
完善我国现行刑法量刑情节的设想
The legal bases of sentencing circumstances are to resolve its philosophical connotation.
量刑情节制度的法理基础是解决该领域的法哲学问题。
The status and function of sentencing circumstances determine that they are the base in criminal law theory.
量刑情节是我国刑法中刑罚制度的一个重要问题,也是刑法理论和司法实践中的难题。
The circumstances involved in circumstances offense only refer to circumstances for conviction, rather than carrying the meaning of circumstances for sentencing.
情节犯之情节仅指定罪情节,并不含有量刑情节。
In juridical practice,the influence of circumstance for sentencing to the announced penalty amount is widely different.
作为联结故意杀人罪罪量与宣告刑量纽带的量刑情节与宣告刑量之间存在着紧密联系。
Legislative Perfection of the Lawful Penal Discretion under the Criminal Policy of Temper Justice;
宽严相济刑事政策与法定量刑情节的立法完善
The Limitation of Jurisdiction and Legislation on Death Penalty;
死刑的司法与立法限制——量刑情节的制约
On the Principles and Means of Applying Varied Circumstances for Imposing Penalty;
略论多种量刑情节的适用原则与方法
A research after the measurement of penalty and judicial judgement by law: a discussion with Mr.;
浅探量刑情节与法定刑——兼与吴学斌、王声同志商榷
On the transformation of the crime-forming facts left in the condemnation proceeding into details for penalty-measurement;
论定罪剩余的犯罪构成事实转化为量刑情节
Discussion on Judicial Interpretation on Circumstances of Conviction and Sentencing of Intellectual Property Rights Infringement Crimes
侵犯知识产权犯罪定罪量刑情节司法解释探析
Criminal has important meaning and function to decide and measure penalty.
犯罪情节对定罪和量刑具有重要的意义和作用。
On the Balance of Penalty Measurement between Crime of Intentionally Injuring Another Which Resulted in Griveous Bodily Harm and Other Crimes;
“故意伤害罪致人重伤”情节量刑均衡的比较论证
when the consequences are particularly serious, to life imprisonment or death penalty.
情节特别严重的,处无期徒刑或者死刑
On the contents and logical location of excluded circumstances of death penalty;
论死刑除刑情节的内容及其逻辑位置
for cases involving relatively large quantities or of a serious nature, with imprisonment of over three years but less than 10 years;
数量较大或者有其他严重情节的,处三年以上十年以下有期徒刑;
for cases involving large quantities or of a especially serious nature, with imprisonment of over 10 years or life imprisonment.
数量巨大或者有其他特别严重情节的,处十年以上有期徒刑或者无期徒刑。
when the circumstances are serious, the sentence is to not less than ten years of fixed-term imprisonment, life imprisonment, or death penalty.
情节严重的,处十年以上有期徒刑、无期徒刑或者死刑。
Those committing especially serious crimes are to be sentenced to death in addition to confiscation of property.
情节特别严重的,处死刑,并处没收财产
If the circumstances are serious, they shall be sentenced to not less than five years in prison.
情节严重的,处五年以上有期徒刑
and if the case is serious, they shall be sentenced to not less than five years of fixed-term imprisonment.
情节严重的,处五年以上有期徒刑。
If the circumstances are serious, he shall be prosecuted for his criminal liability according to the law.
情节严重的,依法追究刑事责任。
In the event of abandoning important weaponry or large quantities of weaponry, or other serious circumstances, they shall be sentenced to not less than five years in prison.
遗弃重要或者大量武器装备的,或者有其他严重情节的,处五年以上有期徒刑