On the Method of Defining the Criterion of Sentencing
Hang Chen · 2007
In term of proving the methods of defining the criterion of sentencing,the combination of logical deduction and empirical analysis should be suggested.Based onprincipal factor theory,the definition,in general,should take as the principal factor the extent to which the interests are encroached on and make the judgment according to the corresponding consequence,namely,the setting of the statutory punishment.From the concrete aspect,types of crimes should be integrated,especially the different modes of accomplished offenders,to decide on the principal factors of various crimes,and finally form the initial point of sentencing.