Singing torture is a shrinkage of punishment theory。Sentences and sentences determined by the referee documents，instead of the defendant's convicted charges finally determined the severity of its punishment。Gentleness of Terminal is the ultimate manifestation of criminal justice，Sentencing is an important criminal law that directly affects criminal defendants' judicial human rights protection。

The theoretical dispute of the judge's sentencing factors 

Criminal Law Doctrine Theory divides the torture plot into legal quantitative sentence and discretional quantitative circumstances。In the plot of legal quantity torture，The strict situation includes the offenders、Master criminal，From the wide situation, including minors、Limited persons with responsibility、Blind Deaf and Dumb、Attempted、Stopping、Self -restricted、There is a performance of merit、Crime, etc.;，The main body includes the previous subject and consistent performance, etc.，The subjective aspect includes attitude after the crime、Crime motivation, etc.，Objective aspects include criminal objects、Criminal means、Time and space of crime、Harm generics, etc.。The doctrine of the law and the doctrine of the law，The legal system is a closed system of logical self -sufficient，Judge's referee based on only the text law，From this，"Judicial Judgment is a certain inevitable result of the three prerequisites with standardized legal bet365 best casino games rules as a premise"。Some scholars even regard judicial activities as a digital calculation，The determined results can be obtained through the logical operation of rules and facts。Under this position，All uncertain factors during the referee should be strangled，Judge's sentencing should also be determined。

Different from the doctrine of Fa -Law，Social Science Law more attention to the impact of foreign factors on sentencing。Austrian jurist Elich believes，Judge's tailoring is not based on pure legal measurement，Legal rules itself is citing other social specifications，Let the judgment have room for free tailoring。For this，Elliti also created the concept of "Living Law"，The origin of the "Living Law" not only includes the text of the national formula，It also includes non -grammar such as business habits。Under this perspective，Judicial must be compatible with social reality，Weighing all kinds of possible conflict considerations -logic、History、Habit、Moral、The certainty and flexibility of the law、The form and substance of the law。It can also be said，The law will not be applied to all cases in different cases，It follows the social distance between the parties、Changes in the change of social position，According to the social location of the judge、Different cultural background changes。Specific torture field，Social science law scholars believe that "the sentencing process is full of subjective subjective color"，Individual factors of the judge (such as its psychological formula、I am wrong)，Participate the main factors (such as the defendant、Public Bet365 app download prosecutor、Defender、Visitors, members of the collegiate panel and audit committee, etc.) and external environmental factors (such as social information、Court group judicial consciousness、Interpersonal relationship、Administrative Intervention, etc.) will have an impact on off -commissioning。

Practical state of the factor of judge's sentencing factors 

For sentencing factor for judges，Dharma, doctrine, and social science law have their own positions，Falling into a state where it is impossible to persuade each other。Study on the factors of judge's sentencing factor belongs to the "facts" research for practice，Therefore, the introduction of legal empirical research is more appropriate。That is to study judicial reality，The judge faces complicated cases and how does different parties think about，How to make universal character、Abstract、General laws are applicable to individual、Similar cases。For this，The author has collected 1060s of theft judgment，also analyzed the legal factors that may affect sentencing (crime amount、Minor criminals、Limited persons with responsibility、Deaf and Mute、Attempted、Self -restricted、Disdling、Master criminal、Congestion、Multiple theft、In -house theft、12 items such as pickpocketing) and foreign factors (the gender of the parties、Household registration、Household registration nature、Age、Career、Education、The attribute of the victim、Court、Judges gender、Judge Age、Judge's home -based、13 items such as judge experience and academic qualifications)，Analysis of the above factors and sentencing bet365 live casino games results，Research conclusions are as follows。

First，Judge's sentencing is certainly certain。First，In the sentencing of aggression of property crimes，The amount of crime has absolute importance。From a legal point of view，The amount of crime is the conviction and sentencing standards that are generally adopted by aggressive property crimes。In practice，The amount of crime is the basic element of the judge's decision to quantify the priority，Some still directly determine the establishment of the crime。Next，Legal factors have significant impact on judges' torture。Most of the statutory plots (such as Disdoin、minors、Congestion、Self -restricted、Attempted、pickpocket、Multiple theft、Passing theft, etc.) all had a significant impact on off -police offense; only a few illegal factors (such as the gender of the parties、Education、Origin、Occupation) has a significant impact on quantitative offense。other，Regardless of the weight of the crime，The return coefficient of legal factors is usually greater than the coefficient of illegal factors，The impact of legal factors on sentencing is more significant、Clear。Last，The defendant with heavier crimes is relatively clear。Research Discovery，The heavier the crime of the parties，The smaller affected by the illegal factors。In light crime，10 illegal factors affecting judge's sentencing are more significant; there are 6 items in the sin，and only 2 items in felony。This can be seen，The heavier the defendant's crimes，The stricter applications of the law，The stronger the certainty of the sentencing results。

Second，The certainty bet365 Play online games of the sentencing of judges is not absolute。First，The amount of crime is not strictly compared with the strength of punishment and torture.。In different crimes of weight，Different coefficients of the amount of crime，That is, the amount of crime increases 1,000 yuan per increase，For light crime、The defendants of the crime and felony，The increase in punishment is different。Next，The effects of different legal factors on sentencing。For example，In the legal factors from width punishment，For the defendant of light sin，The return coefficient of the most influential factors (minors) is about 4.0 times that of the minimum factors (attempts);，The regression coefficient of minors is 1.9 times attempt; for felony defendants，Congestion、The return coefficient of the plot of the minor is very large，The return coefficient of the first plot is small and not significant。again，Individual legal factors have not played a practical role。For example，Limited persons and deaf people are statutory from lenient plot，But research indicates，In fact, the judge did not significantly reduce the person who restricted responsibility、Calling of Deaf and Mute，Its legislative intent is not fully reflected in judicial practice。Last，The impact of illegal factors cannot be ignored。Research also shows，The identity of the parties and the individual differences between the judges will also affect the referee，and present a certain regularity。In judicial practice，Some illegal factors (including the identity of the parties、attributes of the victim、The identity of the judge、Individual differences Bet365 lotto review and different trials of the court) have a significant impact on the quantitative offense of the judge during the referee。This verifies the judgment of social science law to a certain extent: Judge's political preference，or other personality factors such as their lives and career experience，It will shape his predecessor (preconception)，Then directly shape his response to the case。This phenomenon not only causes impact on French judges' behavior theory，It also constitutes a challenge for the certainty of sentencing。

third，Understand the certainty of torture in combination with the overall environment of the law。Empirical analysis found，Usually，The judge followed the provisions of the law for guilty and quantitative punishment。but，Judges will inevitably be affected by foreign factors when applying laws，It is impossible to completely get rid of personal emotions and good and evil，And the emotions of the judge and the good and evil have a certain regularity、logic and stability。Therefore，We can draw such a conclusion: Judge's sentencing is certain，But this certainty not only refers to the legal provision itself，The environment that can run throughout the law、The system and all participants are included in the scope of consideration。The entire system operating the law guarantees the application of law and the judge's sentence is relatively certain，But I cannot mechanically understand this certainty as a judge to copy the legal provisions for judges。Only illegal factors in the judicial referee correctly，Take these factors as part of the irresistible tailoring of the judge，Bet365 lotto review It is possible to correctly understand the certainty of sentencing in the entire legal operation environment，To respond to various questions about certainty，and strengthen the confidence of the rule of law。

(Author Unit: Institute of Law of the Chinese Academy of Social Sciences)