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.

Discretionary circumstances of sentencing of our country are referring to the absence of express provisions of the Criminal Code to be approved ,but from the trial experience summed up on the acts and conduct harmful to society of people with Personal Dangerousness and the extent of the impact of flexibility in determining the sentence, as appropriate, apply a variety of factual circumstances.

The circumstances involved in circumstances offense only refer to circumstances for conviction, rather than carrying the meaning of circumstances for sentencing.

Conception of Perfecting Sentencing Circumstances of Applicable Criminal Law in China

The legal bases of sentencing circumstances are to resolve its philosophical connotation.

The status and function of sentencing circumstances determine that they are the base in criminal law theory.