The legislation of contained and aggravated crime has important meaning which is balance between crime and punishment and is advantageous for the judicial operation. 包容加重犯的立法具有利于实现罪刑均衡、便于司法操作等重要意义,但也存在如何适用相对负刑事责任年龄条款、绝对确定的死刑等一些问题。
Reviews and Comments on Aggravated Punishment and the Heavier Punishment of the People's 新中国从重和加重处罚制度的考察
There are different opinions in theory and practice on that whether robbing in taxi can be regarded as robbing in public transportation facility and being convicted and given an aggravated punishment beyond the maximum prescribed as the crime of robbery. 在出租车上抢劫能否认定为“在公共交通工具上抢劫”,适用抢劫的加重情节定罪量刑,对此在理论和实践中认识不一。
The aggravated punishment and the heavier punishment in the People's Republic of China has gone through a zigzag course. 中国刑法中加重和从重处罚的制度,经历了曲折的历程。
If the participants of either party more than 10, the aggravated punishment, in other word, large number and scale as well as odious social effect, will be applied. 适用人数多,规模大,社会影响恶劣这一加重处罚情形时,单方的参加人应在10人以上,持械是指聚众斗殴中携带并使用器械或携带器械主观上有使用企图的行为。
Aggravated offense by circumstances is a kind of crime that the criminal law aggravates the punishment of the common crime implementation with other serious circumstances. 情节加重犯,是指实施普通犯罪因具有其他严重情节,刑法加重其法定刑的犯罪。
On the crime of causing traffic casualties aggravated punishment, not severe performance, and it is currently advocated the criminal Strict and Generous policy performance. 对交通肇事罪加重处罚,并不是重刑化的表现,而恰恰是当前提倡的宽严相济刑事政策的表现。
According to the different types of recidivism risk for personality evaluation of the different, I proposed that general recidivism can be given a heavier punishment or aggravated punishment, special recidivism shall be given heavier punishment or aggravated punishment. 根据不同类型累犯的危险性人格评价的不同提出了普通累犯可以从重处罚或加重处罚,特别累犯应当从重处罚或加重处罚。
Generalized Crime Among The Relatives is refers to all of the situation whch relatives crime constitutes a crime in the judicial practice. It includes aggravated or mitigated punishment Situation in legal theory. 广义的亲属间犯罪是指司法实践中一切亲属相犯构成犯罪的情形,包括法理上应当加重或减轻处罚的情形。