Following this train of thought, we talked about the circumstances for discretion in the criminal law.
顺着这一思路，笔者反思了刑法中的酌定情节。
The basis of this dealing is judge’s discretion on sentence and the correlative criminal policy.
"赔钱减刑"的法律依据是法官的酌定量刑裁量权以及"宽严相济"的刑事政策。
The system of discretional non-prosecution is not only beneficial t o the punitive purposes and the efficiency of criminal procedure, but also accor ds with the needs of public welfare.
酌定不起诉制度有利于刑罚目的的实现和诉讼效率的提高,符合社会公共利益的需要。
The discretional non-prosecution is an important component of a civil suit, as to the discretional non-prosecution in our country, there are a lot of short -coming both in legislation regulation and actual judicial practice.
酌定不起诉制度是刑事诉讼中的重要组成部分，我国的酌定不起诉制度无论在立法规定还是在司法实践中均存在着不尽如人意之处。
The existence of"mitigated punishment circumstances under the provisions of this Law"is not the condition of applying mitigated punishment at judicial discretion.
"不具有本法规定的减轻处罚情节"并非酌定减轻处罚的适用条件,"案件的特殊情况"也不限于"涉案的特殊因素",而应包括"案件的一般性情节"。
This article considers that discretion in light of penalty circumstance has the basis of criminal law,but doesn t have legal nature of content,and also considers that the content of discretion in light of penalty circumstance should be regulated in the law.
酌定量刑情节具有刑法上之依据,但不具备内容的法定性,应将酌定量刑情节内容予以法定化。