酌定量刑情节的适用从本质上说是法官自由裁量权的运用。
The application of discretionary circumstances of sentencing in nature is the application of judges' free rulings.
量刑问题究其本质是自由裁量权的行使问题,而自由裁量权就是在价值理念上的运作。
That the measurement of penalty problem investigates whose nature is a discretion's exercise a problem , the discretion is the operation on value idea but.
现在,可能有一个问题,就是你要被判监禁多长时间,当然,这就是为什么一个法官在量刑时有自由裁量权。
Now, there may be an issue as to the amount of time that you go to, of course, and that's why a judge has discretion in sentencing.
针对法定刑幅度过大、量刑情节的概括性导致法官自由裁量权过大从而使量刑不规范的问题,主张从立法上细化法定刑幅度和量刑情节的调节幅度;
There are reasons about legislation, judicial and other. On legislation, legal amplitude were too large, the plot of the sentence is too general that lead to the judge have a big discretion right.
自二十世纪末期以来,有关量刑建议权的权力属性、法理基础、价值基础等理论问题一直是学术争论的焦点。
Since the late twentieth century, the authority property, legal basis and value basis of the right of sentencing proposal has been the focus of academic debate.
虽然,我国并没有明确规定量刑建议权,但是我国的刑事诉讼法等相关法律中,多次提到相似的权力。
Although there is not an explicit definition about sentencing proposal in law, similar powers have been mentioned frequently by Chinese Criminal Procedure law and other related laws.
本章在阐明哲学意义上价值和诉讼价值的内涵基础上,深入探讨了公诉权、量刑建议权的价值。
Clarifing both the value of philosophy and the meaning of litigation value, then studying between the property of the public prosecution power and the punishment suggestion power.
量刑建议权是一种基于刑罚请求权的司法请求权,是公诉权的下位权能。
Subordinate to the right for public prosecution, the right for advising penalty is the judicial claim based on the claim for penalty.
量刑建议权是一种基于刑罚请求权的司法请求权,是公诉权的下位权能。
Subordinate to the right for public prosecution, the right for advising penalty is the judicial claim based on the claim for penalty.
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