Basic Theoretical Research on Sentencing

Author: Hu Xuexiang
Publisher:
Publish Date: 1991-11-01
Features: This book provides a relatively in-depth analysis and exploration of fundamental theoretical issues in sentencing, particularly focusing on sentencing principles, the basis for sentencing, factors determining the severity of sentencing, and sentencing circumstances. The book is divided into three parts: an introduction, main text, and appendices, totaling 200,000 words, with the main text comprising six chapters.
Chapter 1 outlines the concept and characteristics of sentencing, its status and role, the position of sentencing theory in criminal law, and the global trends in sentencing.
Chapter 2 conducts an in-depth study of sentencing principles. It argues that traditional principles such as the principle of proportionality between crime and punishment or the principle of individualized punishment both have shortcomings. Only by combining the principle of proportionality between crime and punishment with the principle of individualized punishment as a whole can these shortcomings be overcome. This chapter also elaborates on the economic principle of sentencing and the principle of sentencing according to law, proposing that the economic principle of sentencing should not only be one of the principles but also becomes increasingly important in modern society, especially under conditions of a commodity economy.
Chapter 3 offers an in-depth and original study of the basis for sentencing. It particularly analyzes the widely accepted theory in Chinese criminal law academia that the basis for sentencing should be "social harm and personal danger," providing a detailed critique. It argues that the basis for sentencing should be the unity of social harm and antisocial nature, and fully supports this viewpoint. This is the most important chapter in the book.
Chapter 4 builds on Chapter 3 to explore the factors determining the severity of sentencing, i.e., the factors determining the level of social harm and antisocial nature. It deepens and enriches the two bases for sentencing, grounding them in concrete indicators rather than leaving them as abstract concepts. It particularly defines the factors determining antisocial nature, arguing that it includes the basic circumstances of the offender, their behavior before and after the crime.
Chapter 5 is also a key chapter in the book, where it conducts a thorough study of sentencing circumstances.
Chapter 6 primarily explores sentencing imbalance and countermeasures. It investigates the causes of sentencing imbalance in judicial practice and proposes strategies to correct such imbalances.