discretion of punishment
英 [dɪˈskreʃn ɒv ˈpʌnɪʃmənt]
美 [dɪˈskreʃn əv ˈpʌnɪʃmənt]
量刑
双语例句
- Through to the violent crime death penalty legal precedent analysis, summarizes the judicial practice common several kind of discretion of punishment plot.
通过对暴力犯罪死刑判例的分析，总结出司法实践常见的几种量刑情节。 - Legal circumstance for sentencing as a very important circumstance for sentencing must be taken into account by the court in the process of the discretion of punishment.
法定量刑情节是非常重要的量刑情节，是人民法院在刑罚量定时必须考虑的量刑情节。 - The facies of sentencing discretion is the composition of criminal punishment discretion and systematism, including probation, death sentence with a reprieve, recommission of crime, and special mitigation system.
量刑制度的外观为刑罚裁量与体系化构成，包括缓刑制度、死刑缓期执行、再犯和特别减轻制度； - It should broaden the scope of the crimea handled only upon compliant and tempered disposal concerning the crimes by minors, and strengthen the discretion of public prosecution and the application of the suspension of punishment in judicial practice.
建议在立法上要扩大亲告罪的适用范围和未成年人犯罪的轻缓化处理，在司法上要加强起诉裁量权和缓刑的适用。 - Circumstances in discretion of punishment refers to the facts which can influence the result of punishment.
量刑情节与定罪情节相对应，属于一种犯罪情节，是指影响量刑结果的主客观事实情况，主要功能是可以决定宣告刑。 - Secondly, mainly narrates the using of the converse-circumstance, through analyzing some influencing methods in our country, such as the traditional method and the mathematics 'method in the discretion of punishment.
其次着重论述了逆向量刑情节竞合的适用方法，通过对比分析我国刑法学界的几种较有影响的适用方法，即传统量刑法、数学量刑法。 - Each of circumstances in discretion of punishment and circumstances in conviction has its characteristics.
定罪情节和量刑情节各有其特征。 - The Function of Mentality Factor in the Conviction, the Discretion and the Execution of Punishment& The behavior is innocent, unless heart is evil
论思想因素在定罪量刑行刑中的作用&行为无罪，除非内心邪恶 - But in the criminal substantive law the question of punishment fits the crime and discretion power of the judge is inseparable, the academic circles discretion how many has to in discretion of punishment judge involves, but carries on the discussion on conviction then very little.
而刑事实体法中的定罪量刑问题和法官自由裁量权是密不可分的，学术界对量刑中的法官裁量权多少有所涉及，但在定罪中进行探讨的则少之又少。 - On the basic theory of the "discretion of punishment by computers"
论电脑量刑的基本原理 - At present, there are problems such as sentencing tending to be severe, and the deviations in sentencing discretion becoming serious, which has hindered the full realization of the principle of balance between crime and punishment.
当前，我国司法实践中存在着量刑趋重与量刑偏差较大等问题，制约着罪刑均衡原则的充分实现。 - Criticizes some views on the classification of circumstances in discretion of punishment;
就量刑情节的分类问题，指出某些主张的不当之处； - The criminal supplementary civil lawsuit is a special kind of civil lawsuits which applies the criminal legal procedure to solve the damage compensation problem, e.g., conviction, discretion of punishment etc.
刑事附带民事诉讼是利用刑事诉讼程序解决与定罪量刑直接有关的损害赔偿问题的一种特殊的民事诉讼。 - Sentence discretion is a judge's duty which declares punishment or not, and types of punishment and the way of execution on the basis of declaring guilty, according to the case fact and crime people's circumstances, according to regulation of criminal law.
量刑是法官在定罪的基础上，根据案件事实和犯罪人的一切情状，依据刑法的规定，决定对犯罪人是否判处刑罚、判处刑罚的刑种和刑期以及刑罚执行方式的职务行为。 - Criminal trial judges discretion involved case amount of legal punishment, criminal amount is an important reference basis, but it can not only amount of theory.
刑事审判法官在裁量涉数额案件的法定刑时，犯罪数额是重要的参考依据，但不能唯数额论。 - One of as in innovation discretion of punishment standardization reform luminescent spots& Sentence proposal, is concerned by society.
作为创新的量刑规范化改革中的亮点之一&量刑建议，作为检察机关求刑权的表现之一，受读者关注。 - But should discussing not explain that the center of gravity is the discretion of punishment datum reason, why can the happening rate height take the appraisal criminality society hazardous size the primary factor? This is this discusses does not have the reasonable explanation.
但是该论者没有解释重心就是量刑基准的理由，为什么案发率的高低可以作为评价犯罪行为社会危害性大小的主要因素呢？这是此论没有合理解答的。 - Meanwhile also does not have the illustration certificate judicature practice department in the real diagnosis to use this method to carry on the discretion of punishment, therefore does not have the feasibility.
同时在实证中也没有例证证明司法实践部门采用过这种方法进行量刑，所以也不具有可操作性。 - And the long-base method is refers to the discretion of punishment datum determination in above legal punishment scope 1/ 2, take this as the basis, above the median line is the severe sentence, below the median line is the light punishment.
其中中线法是指将量刑基准确定在法定刑幅度内的二分之一以上，以此为依据，中线以上是重刑，中线以下则是轻刑。 - However, there are some obvious discriminations in Chinese Criminal Law, which are reflected as the deficiency of the protection for non-public ownership economy, different treatments in respect of criminal subject and discretion of punishment.
但是我国刑法对非公有制经济还明显存在歧视，主要表现在对非公有制经济保护的缺失、犯罪主体上和量刑上的区别对待等等。 - Third, sentencing discretion aims to make sentencing exercise administrative umpirage based on criminal law of sentencing principles by judge and punishment extent practice and realized.
第三，量刑裁量权行使的目的在于由裁判者对刑法规定的量刑原则和刑罚幅度加以实践和具体化。 - Empirical analysis discussing thought that above method the general character lie in are summarize the discretion of punishment datum from the abstract crime.
实证分析论者认为上述方法的共性在于是从抽象的个罪中总结出量刑基准。 - Determines guilt with the discretion of punishment is the criminal law suitable two basic links.
定罪和量刑是刑法适用的两个基本环节。 - To the larceny discretion of punishment, in the practice exists pays great attention the amount excessively the function, neglects to the discretion of punishment plot consideration.
对盗窃罪的量刑，实践中存在着过分注重数额的作用，忽视对量刑情节的考量。 - The fourth chapter is about the penalty discretion, the judge should not only make the crime circumstances decision reasonable according to the determination of punishment is reasonable, but also apply correct legal and judicial interpretation to make punishment adapt with the crimes.
第四章，对于刑罚裁量问题，既要根据具有案情合理认定处罚的情节，还要在此基础上适用正确的法律和司法解释，做到罪刑相适应。 - In order to prevent the liberalization of sentencing discretion, to achieve standardization of sentencing reflects the purpose of criminal legislation and punishment, and establishing a sound scientific standardized sentencing, sentencing standards and the feasible design to develop sentencing procedure is necessary.
为防止量刑裁量权的自由化，实现量刑的规范化，体现刑事立法目的和刑罚功能，建立健全科学的规范化量刑，制定量刑标准和设计可行的量刑程序是十分必要的。 - The classification standards of crimes have impact on the establishment of the system of Specific Provisions of Criminal Law, conviction and discretion of punishment, and criminal charges.
犯罪的分类标准问题影响到刑法分则体系的建立、定罪量刑和罪名的确立。 - The discretion of punishment parts is a small innovation. With the greatest degree in balanced and the fair goal, the author proposed a sketchy tentative plan, needed in the concrete aspect further consummates.
量刑部分的内容可以称的上是个小小的创新，是笔者本着最大程度上实现量刑的均衡与公正的目标，提出的一个粗略的设想，在具体方面有待于进一步完善。 - Sentencing is penalty discretion, is a judge according to the defendant about the circumstances of the crime to its discretion to determine the punishment according to law and the activities.
量刑即刑罚的裁量，是法官根据被告人的有关犯罪情节对其依法裁量并决定刑罚的活动。 - In our country discretion of punishment process exists the question is long-standing, since long ago, receives traditional the discretion of punishment idea influence, our country discretion of punishment question has not obtained the properly solution throughout.
我国量刑过程中存在的问题由来已久，长期以来，收到传统的量刑观念的影响，我国量刑问题始终没有得到妥善的解决。