论法定量刑情节及其写作

法定量刑情节是指由刑法明文规定的影响量刑幅度的案情事实 ,其具有法律的规定性、情节的特殊性和量刑的制约性等特点。法定量刑情节可作三级分类 :一级分为从宽和从严两大类 ,二级分为应当和可以两小类 ,三级分为免除、减轻、从轻和从重四种。法定量刑情节的写作包括法定量刑情节的叙述和相关法条的引用两项内容

On the Lawful Penal Discretion Details and Writing

Lawful penal discretion details refers to the facts that influence the extent for measurement of punishment regulated by criminal law. It has V such characters as lawful stipulation, special of details and restrition of measurement of penalty. It can be divided into three chasses. The first class can be devided into two big categories: be severe in treatment and be mild in treatment. The second class can be divided into two small categories: should and can. The third class can be diveded into four kinds like: annulment a punishment, commutation of penatly, strict and stricter in treatment. Writing of lawful measurement of penalty details includes two parts: the narration of lawful measurement of penalty details and quotation of relavant law articles.