On the evening of September 14, 2019, Professor Shi Jinghai from Southwest University of Political Science and Law was invited to our hospital to hold an academic lecture at the Law School Moot Court on the topic of “Miscellaneous Misunderstanding of Sentencing and Evolution of Criminal Law Theory”. ProfessorLi Chuan from Southeast University Law School served as the host of this lecture. Some teachers in our school and some students from Ben, Shuo and Bo attended the lecture.

  Professor Shi Jinghai cut through the eight misunderstandings in the field of sentencing, and further interpreted it from the perspective of the evolution of criminal law theory.

First, the concept of sentencing is wrong, and many textbooks interpret the discretion of punishment. Sentencing is a discretion on the size of criminal responsibility.Second, in the relationship between conviction and sentencing, the wrongview is that conviction is more important than sentencing.It must
be clearly stated that sin is not convicted for conviction. As the basis and premise of sentencing, conviction is to choose a specific statutory penalty for sentencing.The third is that the “quantification of punishment” is the essence of sentencing.In fact, the essence of sentencing is the discretion of punishment.The fourth is to unilaterally think that the method of sentencing is to quantify
the sentencing circumstances.Sentencing can not only be formal logical thinking or dialectical logical thinking in logical thinking, but should be the organic unity of the two.

The fifth is to absolutely negate the standardization of sentencing.The standardization of sentencing is not only the standardization of entities, but also the standardization of procedures.It should be normative rather than restricted, should be discriminatory rather than quantitative, and should also promote the standardization of sentencing based on scientific settings.The sixth is the misunderstanding of executive punishment.Criminal Discretion is the theoretical theory that should be adopted to understand exercise punishment.Seventh, it is not possible to correctly define the “plus weight penalty plot”.The key is to distinguish between conviction plots and sentencing circumstances.For example, the gang rape behavior in rape crime, the escape behavior in traffic accident is a typical conviction plot.Eight is that the discretion of the criminal sentiment is less than the law of quantitative punishment.It cannot be taken for granted that the force of discretionary punishment is less than the law of quantitative punishment.

Subsequently, Professor Shi Jinghai gave a patient and meticulous answer to the questions raised by the students of our school on how to distinguish between the conviction plot and the sentencing plot, the reasonable path of sentencing, and the distinction between conviction and sentencing.Professor Shi Jinghai has a broad vision, and he has a thorough understanding of both Chinese and Western cultures.The lecture was a complete success.