摘要
据北京市朝阳区检察院提起公诉、朝阳区法院作有罪判决的案件统计分析 ,罚金刑基本上是并科适用 ,并未减少自由刑的适用。没收财产刑适用极少 ,应以罚金刑取代之。管制刑实际上闲置 ,可用缓刑实现管制刑功能。影响量刑的相关因素中 。
According to the statistic analysis of the cases which were prosecuted by Beijing Chaoyang District People's Prosecutors' Office,and in which conviction were rendered by Chaoyang District People's Court, pecuniary penalty has generally been imposed concurrently, while the application of punishment against freedom has not been reduced. Punishment of forfeiture has seldom been imposed and should be replaced by pecuniary penalty. Penalty of public surveillance has actually been laid idle, and its function can be realized by using probation. Of the elements affecting sentencing discretion, the effect of place of domicile deserves further study.
出处
《政法论坛》
CSSCI
北大核心
2001年第1期86-97,共12页
Tribune of Political Science and Law
基金
北京市朝阳区人民检察院和中国政法大学法律系合作项目
关键词
北京市
朝阳区
公诉案件
量刑
检察院
Beijing Chaoyang District
Cases of Public Prosecution
Sentencing Discretion
