As a solution, we should employ cross-stipulation for statutory sentence on the stage of punishment on multi crimes and show fair legislation in the legislative skill. 要解决有关问题,应该在法定刑上运用多罪刑阶段之间的交叉式规定模式,并在立法技术上体现出立法公正的要求。
About the design for the crime facts and statutory punishment, we can consult the related regulations concerning financial fraud crimes in the present criminal law. 罪状与法定刑的设计则可以参照现行刑法对金融诈骗罪的相关规定。
The apposition of property loss and casualty often appeared in the criminal law of China as a situation of the objects to which certain statutory punishment applied. 在我国刑法中,经常有财产损失与人员伤亡并列作为某种法定刑适用对象的情况。
Kind of the statutory punishment is single. 二是法定刑刑种单一。
The statutory principle is the principle of administrative punishment stipulated by law and accepted by academic circles whose content should include such four respects as establishment, implementing subject, basis as well as procedure be stipulated by law. 法定原则是法律规定和学界普遍认可的行政处罚原则,其内容应当包括:设定法定、实施主体法定、依据法定、程序法定等四个方面。
Finally, in the allocation of statutory sentence, we should take corruption and bribery into full account, eliminate death sentence, increase the options of punishment against competence; 最后,在法定刑的配置模式上,应充分考虑贪污贿赂类犯罪的特质,取消死刑、增加资格刑的选用;
Fundamental principles of "Law of the PRC on Punishments in Public Order and Security Administration" should include principle of statutory punishment, which contains the contents of statutory subject of punishment, statutory kinds of punishment, and statutory procedures of punishment; 《治安管理处罚法》的基本原则应当包括:处罚法定原则,含有实施处罚的主体法定、处罚种类法定、处罚程序法定三方面内容;
It is substantially unreasonable that taking the apposition of property loss and casualty as the basis for the statutory sentences of the apposition of death penalty and punishment against freedom. 将财产损失与人员伤亡相并列作为适用死刑与自由刑相并列之法定刑的依据,具有实质的不合理性。
Conflicts with regard to the application to administrative punishment of fire control about negligently begetting fire accident but causing no serious losses is considered in this article so that the principle of statutory punishment can be enforced better. 对过失引起火灾,尚未造成严重损失的消防行政处罚在适用时的法律冲突进行了思考,以便能够更好地执行处罚法定的原则。
A statutory constitution operates as the foundation of principle of legally prescribed punishment for a specified crime, and is its indispensable requisite as well. 只有法定的犯罪构成才是罪刑法定原则的必然要求,才可以作为罪刑法定原则的归宿而存在。
Next, the statutory punishment of crime of accepting bribe should be improved, including establishing independent statutory punishment, adding the categories of criminal penalty, abolishing the death penalty and rebuilding the sentencing standard for the crime of accepting bribe. 再次,完善受贿罪的法定刑,包括设置独立法定刑、增加刑罚种类、废除死刑以及重构受贿罪的量刑标准。
The article maintains that the discrepancy of criminal penalty could be divided into vertical discrepancy and horizontal discrepancy differences, the former is showed by the discrepancy between statutory sentence and the view of equity, declaration penalty and penalties benchmark, enforcement punishment and declaration penalty. 文章认为,刑罚差异性包括纵向差异和横向差异,前者表现为法毫刑与公平观之间、宣告刑与刑罚基准点之问、执行刑与宣告刑之间的差异。
Many Western countries as a plot to use the statutory sentencing, but the fault of the victim only as a discretionary punishment fits the crime exists, it applies also with a large degree of uncertainty. 西方许多国家是将其作为一种法定的量刑情节加以运用的,但是在我国被害人过错仅仅是作为一种酌定的量刑情节存在,它的适用也带有了很大程度的不确定性。
Strict liability in China should conform to principle of statutory crime and punishment, restrictive principle, principle of allowing a reasonable defense. 严格责任在我国的确立应当符合罪行法定原则、限制性原则和允许合理辩护原则。
The first section analysis the legislative way. including clarifying the definition of the heavy punishment, light punishment, abating punishment, rational allocation of statutory punishment and indicating the grounds of sentencing discretion. 第一节分析了立法途径,主要包括明确从重、从轻、减轻处罚的含义、合理配置法定刑和明确量刑根据。
At first, initial discussion on the existing problems about the equipment of statutory punishment. Then, suggestions will be given to improve the equipment of statutory punishment, for example, the setting of fine penalty, configuration of qualification penalty and increasing the punishment amplitude. 首先对现行医疗事故罪法定刑配置存在的问题进行了初步探讨,进而为完善法定刑配置提出了建议。比如增设罚金刑、配置资格刑及提高法定刑幅度。
The other serious circumstances of blackmail should be interpreted definitely. The highest statutory punishment of blackmail should be raised and should add pecuniary penalty to the statutory punishment. 敲诈勒索罪的其他严重情节应当作出明确解释,应当提高最高法定刑,增设罚金刑。